Current through March 20, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-32-4-14; IC 20-33-2-28.5; IC
20-35
Sec. 3.
(a) This
rule applies to educational evaluation procedures that enable a student's CCC
to determine:
(1) whether the student is
eligible for special education and related services; and
(2) if eligible, the special education and
related services necessary to meet the educational needs of the
student.
(b) These
procedures do not apply to the following:
(1)
A test or other evaluation that is administered to all students unless, before
administration of the test or evaluation, consent is required from parents of
all students.
(2) A screening of
students by a teacher or a specialist to determine appropriate instructional
strategies for curriculum implementation.
(3) A review of existing data regarding a
student.
(4) The collection of
progress monitoring data when a student participates in a process that assesses
the student's response to scientific, research based interventions described in
section 2 of this rule.
(c) The public agency shall establish,
maintain, and implement written procedures regarding initial evaluations and
reevaluations, including a description of the following:
(1) The way in which a parent or the public
agency may request an initial educational evaluation.
(2) The methods used to assign a
multi-disciplinary team to conduct educational evaluations.
(3) The procedures used for
reevaluations.
(d) When
referrals for a student from birth through the school year in which the student
becomes twenty-two (22) years of age are made directly to the Indiana School
for the Deaf, the Indiana School for the Blind and Visually Impaired, or any
other state operated school by other than the designated representative of the
student's public school corporation of legal settlement, the following
procedures shall be implemented:
(1) The state
operated school staff shall refer the person making the contact back to the
public school corporation of legal settlement.
(2) The referral, evaluation, and CCC meeting
described in section 4 of this rule shall be the responsibility of the public
school corporation of legal settlement.
(e) The public agency must establish,
maintain, and implement procedures to ensure the following:
(1) Assessments and other evaluation
materials are as follows:
(A) Provided and
administered in the:
(i) student's native
language or other mode of communication; and
(ii) form most likely to yield accurate
information on what the student knows and can do academically, developmentally,
and functionally, unless it is clearly not feasible to do so.
(B) Selected and administered so
as not to be discriminatory on a racial or cultural basis.
(C) Used for the purposes for which the
assessments or measures are valid and reliable.
(D) Administered as follows:
(i) By trained and knowledgeable
personnel.
(ii) In accordance with
instructions provided by the producer of the assessments.
(E) Technically sound instruments that may
assess the relative contributions of cognitive and behavioral factors, in
addition to physical or developmental factors.
(2) Assessments and other evaluation
materials include those tailored to assess specific areas of educational need
and not merely those designated to provide a single general intelligence
quotient.
(3) Assessments are
selected and administered so as best to ensure that if an assessment is
administered to a student with impaired sensory, manual, or speaking skills,
the assessment results accurately reflect the student's aptitude or achievement
level, or whatever other factors the test purports to measure, rather than
reflecting the student's impaired sensory, manual, or speaking skills, unless
those skills are the factors that the test purports to measure.
(4) The student is assessed or information is
collected in all areas related to the suspected disability, including, if
appropriate, the following:
(A)
Development.
(B)
Cognition.
(C) Academic
achievement.
(D) Functional
performance or adaptive behavior.
(E) Communication skills.
(F) Motor and sensory abilities, including
vision or hearing.
(G) Available
educationally relevant medical or mental health information.
(H) Social and developmental
history.
(5) Assessments
of students with disabilities who transfer from one (1) public agency to
another public agency in the same school year are coordinated with those
students' prior and subsequent schools, as necessary and as expeditiously as
possible, consistent with section 5(c)(2) of this rule, to ensure prompt
completion of full evaluations.
(6)
Assessment tools and strategies provide relevant information that directly
assists the CCC in determining the special education and related services needs
of the student.
(7) Educational
evaluations are sufficiently comprehensive to identify all of the student's
special education and related services needs whether or not commonly linked to
the disability category in which the student has been classified.
(f) In conducting the educational
evaluation, the multi-disciplinary team must use a variety of assessment tools
and strategies, as required in
511 IAC 7-41, to gather relevant
functional, developmental, and academic information about the student,
including information provided by the parent, to assist the CCC in determining
the following:
(1) Whether the student is
eligible for special education and related services.
(2) The content of the student's individual
educational program, including information related to enabling the student to
be involved in and progress in the general education curriculum (or for an
early childhood student, to participate in appropriate activities).
(g) The public agency must
evaluate a student with a disability in accordance with the requirements of
this rule and
511 IAC 7-41 before a CCC can
determine that the student is no longer a student with a disability, except
when termination of the student's eligibility is due to:
(1) graduation with:
(A) an Indiana diploma as defined in
511 IAC
6-7.1-1(e); or
(B) an alternate diploma under
511 IAC 6-7.1-10;
(2) exceeding the age eligibility
under this article; or
(3) a
parent's revocation of consent for special education and related services in
accordance with
511 IAC 7-42-15.
(h) The public agency must provide
a student with a summary of performance, as required in
511 IAC 7-43-7, under either of
the following circumstances:
(1) A student
graduates with:
(A) an Indiana diploma as
defined in
511 IAC
6-7.1-1(e); or
(B) an alternate diploma under
511 IAC 6-7.1-10.
(2) A student exceeds the age
eligibility for special education and related services under this
article.
(i) A public
agency may provide a student with a summary of performance when the:
(1) student withdraws from high school after
an exit interview is conducted; and
(2) student's parent and principal consent to
the withdrawal; as specified in IC
20-33-2-28.5 (b).
