Section 1414 (b) (3)

(3) Additional requirements

  • Each local educational agency shall ensure that—
    • (A) assessments and other evaluation materials used to assess a child under this section—
      • (i) are selected and administered so as not to be discriminatory on a racial or cultural basis;
      • (ii) are provided and administered in the language and form most likely to yield accurate information on what the child knows and can do academically, developmentally, and functionally, unless it is not feasible to so provide or administer;
      • (iii) are used for purposes for which the assessments or measures are valid and reliable;
      • (iv) are administered by trained and knowledgeable personnel; and
      • (v) are administered in accordance with any instructions provided by the producer of such assessments;

    • (B) the child is assessed in all areas of suspected disability;
    • (C) assessment tools and strategies that provide relevant information that directly assists persons in determining the educational needs of the child are provided; and
    • (D) assessments of children with disabilities who transfer from 1 school district to another school district in the same academic year are coordinated with such children’s prior and subsequent schools, as necessary and as expeditiously as possible, to ensure prompt completion of full evaluations.
    • Severe Discrepancy, Screening
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      Last modified on November 7, 2019