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.
U.S.C. and C.F.R. are available on our website at http://www.wrightslaw.com/idea/law.htm
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.
Tags: Eligibility · Evaluations · IDEA 2004 · Placement · Special Ed Law · Special Education Regulations · Test Scores2 Comments
2 responses so far ↓
I am wondering what would be a school psychologist’s objection to doing achievement tests every three years for a student . This student is placed “appropriately”? Based on what objective evidence? How can the team determine if this student is making progress? Are the goals written so that they can be measured objectively? Are those goals being met? I would wonder if this student’s abilities have been prejudged by the team. If the goals are being met, and they were written to be objectively measurable, are new goals being set that continue the student’s progress? To how much of the general education curriculum is this student being given access? Could that be increased? All of this begs the question of why a school psychologist is not familiar with the requirements of special education law.
I am wondering why a School Psychologist is asking this to begin with? Shouldn’t he/she know what the law is? And if they don’t shouldn’t the District be able to guide them? The role as a school Psychologist is to be an advocate for the child…..not the state/district that pays them. These kinds of questions really get to me…..I found the law as parent without a college education you would think the shcool educaters would be able to find it. It is in BLACK AND WHITE in the Special Ed. Law books from Wrights Law. Maybe this is why the system is so broken. Our educaters are unable to educate themselves. Sorry no offense intended to that person who posted the question….at least you are asking but come on.