Chapter 2
Chapter Focus
This chapter identifies and discusses the laws and ethical standards governing the administration
and interpretation of tests used in determining eligibility for special education services.
Revisions in the federal regulations are a specific focus. The rights of parents in the assessment
and placement processes are also discussed.
Check Your Understanding
Activity 2.1
1. The consent given by parents indicates that the parents have been ____ that the school
personnel feel assessment procedures are necessary and in the child’s best interest.
2. In compliance with IDEA, many parents are informed of their legal rights and
responsibilities through the use of a ____.
3. A teacher would not be allowed to give a student’s records to another interested party.
Before the ____, the parents must consent in writing and receive an explanation of who
would receive which records.
4. When parents decide that they no longer agree with a school placement or services for
their child, they may ____, and if necessary, they may begin ____ procedures.
5. It is the responsibility of school personnel to provide information to parents in their ____
or using the ____ to comply with the federal law.
Apply Your Knowledge
Explain how the requirements regarding release of records affect the day-to-day life of a teacher
(including a student teacher) working with special-needs students.
6.
7.
8.
student records to a third party.
Activity 2.2
1. A screening test may be used to make placement decisions about a student who was
referred for special education services.
2. Individuals who administer tests in the Woodlake local education agency are thoroughly
trained to use each new instrument through school in-service sessions and graduate
courses.
3. A special education teacher is asked to test a student who speaks only Japanese. The
teacher cannot find a test in that language, so he observes the student in the classroom
setting and recommends that the student be placed in special education.
.
4. A special education teacher is asked to give an educational test to a student from a
minority culture. The test has been validated and proven to be culturally
nondiscriminatory.
5. A student is referred for an evaluation for possible eligibility for special education. The
student has cerebral palsy, and the team member has no knowledge of this disorder. The
team member asks the physical therapist to give advice on how to administer the test and
requests that the therapist attend and assist during the evaluation. The team member also
requests the assistance of the school psychologist to determine how the adaptations affect
the psychometrics of the test administration. The team member documents all changes in
the reevaluation report.
6. A team decides to use the latest IQ score to make a decision regarding a change in
eligibility for a student. The team agreed that no additional testing or data were
necessary.
Apply Your Knowledge
According to legal requirements, list the possible circumstances in which you would be required
to ask for consultative guidance from other professionals during the assessment process.
Activity 2.3
1. A student in class has been rubbing his eyes frequently, holds his books very close to his
face, and seems to have difficulty seeing some printed words. You should request the
assistance of
2. A young student in first grade has difficulty holding her pencil correctly, using scissors,
and coloring in class. You notice that this student has marked difficulty when compared
to the other students in class. You tried several procedures to help her learn how to use
these tools, but she continues to have difficulty. You decide to refer the child to
3. Mr. Powers has a student in his class who seems to have difficulty staying awake. From
time to time the student appears to be in a daze. Mr. Powers does not know if the child
has a physical, emotional, or even drug-related problem. He asks you to help because
“you know what to do with these types of problems.” You advise Mr. Powers to contact
4. Ms. Stewart has a third-grade student who just doesn’t seem to be learning. She tells you
she has “tried everything” including changing to an easier textbook. She feels certain that
the student has a learning disability. What might be some of the suggestions you can
provide for Ms. Stewart?
5. Miss Morales has a young male student who exhibits aggressive behaviors in class. She
expresses concern that this student may harm himself or others. Your advice to Miss
Morales is to
Apply Your Knowledge
Whom should you contact when you are not certain of the type of learning or behavioral
challenge a student exhibits or if you are uncertain who the appropriate related services
personnel would be for a specific type of difficulty?
Activity 2.4
As a special education teacher in Achievement Elementary School you are a member of the IEP
team. The team is meeting to review the assessment results of a student who meets the eligibility
criteria for mild mental retardation. One of the team members believes that this student should be
placed in a self-contained special education setting for a majority of the school day. Explain your
concerns about the environment and offer solutions.
Apply Your Knowledge
If the student in this scenario requires interventions in a special education setting, what would the
team be required to include in the student’s IEP?
Activity 2.5
1. Lorenzo was born with cerebral palsy and requires the use of a wheelchair. He is able to
use a computer for word processing and completes all of his assignments using either his
laptop or his computer at home. Lorenzo’s most recent statewide assessments indicate that
he is at or above the level expected in all academic areas. Lorenzo can be served
_________________.
2. Marilu has been found to have attention deficit disorder. She requires medication but her
medication is time released and she does not need to take a dose at school. Marilu requires
additional time to complete her assignments and performs best when she can sit near the
teacher. Her report indicates that her grades are within the average range with the exception of
math, which is above average. Marilu can be served _________________.
3. Randal has had signs of depression for the past several months. His parents decided to seek
the assistance of an outside psychologist for counseling. Randal began to improve and he is
now participating with his friends and playing team sports. His grades continue to decline and
his reading skills are significantly below his peers’. Because of his difficulty reading, his
content subject grades began to fall as well. He was assessed and was found to have a
significant reading disability. Randal can be served _________________.
Apply Your Knowledge
A key component of a student meeting the eligibility requirements for a category of special
education is that in addition to an existing condition, the condition or disability must also
Activity 2.6
1. IDEA 2004 requires that the IEP Team members participate in the team meetings. Under
certain circumstances, some members of the IEP Team may be excused from attending
the meeting. Explain when this is allowed and what must happen in order for this to be
allowed.
2. Is it possible that a professional from an outside agency can determine that a child has a
disability and the child should subsequently receive special education support?
3. A second-grade student recently enrolled in your school. The student is a recent
immigrant from Mexico. Your school determines that the child had not previously been
enrolled in school in Mexico due to his parents’ lack of funds and due to a lack of
transportation to school. The student’s mother has recently obtained citizenship. Once the
child began to attend your school, it was determined that the child could not read in
English or Spanish. Can the student be referred for an evaluation for special education
services?
4. Mrs. Lorenzo met with her son’s teacher. They determined that her son might require an
additional session of support time in the resource room, which would increase the amount
of time from two thirty-minute sessions per week to three thirty-minute sessions. In order
to make this change to the IEP, will the Team need to be convened?
Activity 2.7
1. States are now mandated to collect data on ______________ as a method of determining
when disproportionality may be problematic.
2. When a student from an ethnically diverse background begins to have difficulty meeting
educational needs, the teacher may contact the child study team to request _________ as
a method of preventing the student from a special educational referral as the first plan of
action to address the student’s difficulties.
3. Traditional assessment practices may inadvertently contribute to bias in assessment.
What changes in the revised IDEA 2004 may decrease the probability that this will
occur?
4. Discuss the practices that may contribute to bias in assessment.
Think Ahead
1. Mary, a student receiving special education services, also needs the _____ of
occupational therapy and speech therapy in order to benefit from her appropriate
educational plan.
2. During the screening by educational professionals, it is determined that a student has
significant educational needs and is therefore referred for a(n) _____.
3. The 2004 Amendments encourage parents and educational personnel to participate in a
_____ to resolve disagreements.
4. A school system that meets appropriate timelines and follows all state and federal
regulations is said to be in _____.
5. Parents who have a preschool-aged child with special needs may find assistance in
obtaining educational services for their child through the federal regulations of _____.
6. In a specific school system, the ethnicity of the population was determined to include
17% of persons of Hispanic origin, yet more than 22% of the students receiving services
for learning disabilities were of Hispanic origin. This system may have _____ of persons
of Hispanic origin within the category of learning disabilities.
7. A fifth-grade student was recently assessed and was found not eligible to receive special
education support. His parents decided that they disagreed with the assessment and
therefore requested information to obtain a(n) _____.
8. During a meeting of the child study team, the members determined that the prereferral
intervention strategies employed with a third-grade student were not successful in
remediating reading difficulties. The members must now obtain _____ in order to begin
the assessment process.
9. Initially, the federal law that mandated a free and appropriate public education for all
children with disabilities was called the Education for All Handicapped Children Act. In
1990, this was renamed _____.
10. A major principle of IDEA is that all evaluation measures used during the assessment
process should yield similar results for children regardless of their ethnicity. This
principle is known as _____.
11. In December 2004, President Bush signed the _____.
Part II
1. What were the sources of pressure that resulted in substantial legal changes in the 1970s?
2. The Individuals with Disabilities Education Improvement Act of 2004 requires that IEPs
include what type of information regarding statewide assessments?
3. When must parents be given their due process rights according to the 2004 Amendments?
4. List the provisions for nondiscriminatory assessment according to the federal law.
Part III
1. Summarize the research findings on the IEP Team decision-making process.
2. Explain how the research regarding third-party hearings may have had an impact on the
changes concerning mediation and resolution sessions in the 2004 Amendments.
3. Summarize the difficulties of assessing students from culturally and linguistically diverse
backgrounds.