I am a high school psychologist. What is the law for students who have already been tested 2 times. Colleges and our state Voc/Ed Services tell me I need to do a WAIS AND achievement testing every three years – no matter what - even if the student is placed appropriately.
1) When should I do just a records review? What does this entail?
2) When should I do just a WAIS and/or the achievement (subject) area of historical weakness?
I am sorry, but I cannot answer your question – by doing so, I could run afoul of providing legal advice to someone, presumably out of state, who is not a client. The VA State Bar would frown on that.
However, I can tell you where to find the correct answer…
The Federal Law about Evaluations
(U.S.C. means United States Code and C.F.R. means Code of Federal Regulations)
The law about evaluations is in 20 U.S.C. 1414(a) (b) and (c). Those 3 subsections are the key. Start there, read those three subsections. Then read the special ed regs that relate to evaluations in 34 C.F.R. Part 300.
That will provide you with an understanding of the federal law. But you cannot stop there.
State Special Education Regulations
Locate your state’s own special ed regs and read the portion that relates to evaluations. You will probably find that they will track, almost word for word, the federal requirements, but there might be some differences.
After you have done your homework, when you are told to do the additional testing and evaluations, you can play Peter Columbo.
Merge Columbo’s personality with Ms. Manners. Ask – “Where in the law is the requirement? I’ve looked for it and couldn’t find it.” Then see what is flushed out.
An even easier way to quickly find the info is to use your spec ed law book, which has the full text of U.S.C. and C.F.R. It also has all of our comments and discussions about specific statutes and regs.