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What Tests Should I Request?
by Pat Howey, Advocate

I am an advocate, not a psychologist. I try to avoid suggesting specific test instruments to parents or their independent evaluators. It is far more important that parents have faith that the evaluator knows what test instruments to use and that the parent knows the importance of providing proper information so the evaluator can administer appropriate tests.

Learning About Tests

This is not to say that parents and advocates should not learn about testing materials in general.

It is useful to understand the difference between criterion-referenced and norm-referenced tests. It is also important for advocates and parents to understand that testing instruments must have high validity and be highly reliable. Last, it is important for parents to know that the validity of test instruments depends upon the use of representative samples. In other words, that the sample used to determine norms for the test was made up of individuals who are similar to those for whom the test is to be used. It is also important for parents and advocates to know how to interpret test results using the Bell Curve.

Learning Your State Rules About Testing

A parent or advocate can learn all of the above items, but they must also learn their state's rules and laws that set the requirements for testing children with special educational needs. If they do not, the school may reject the independent evaluation the parents paid good money to obtain. It is just as important that parents and advocates know these state requirements as it is for them to know about tests that are used and the purposes for which they are used.

For example, Indiana requires that children who are being evaluated to determine if they have a specific learning disability be tested in at least the following areas:

1. Ability testing, i.e., IQ
2. Achievement testing i.e., educational needs
3. Additional measures of achievement for identified areas of deficit identified by
the first two areas of testing
4. Classroom observation

511 I.A.C. 7-26-8 (b) (1), (2), and (3)

Note: Please refer to 511 I.A.C. 7-26-8 (b) for other requirements.

XXX ADD info re: IDEA 2004 testing requirements

Therefore, advocates must advise parents that the independent evaluator is required to assess all of these areas, as well. The last thing an advocate wants is to have a parents' expensive independent testing be thrown out because it doesn't include all the components required by law - especially when the parent relied on the advocate's advice.

Requesting a Classroom Observations

For a student who is suspected of having some degree of mental retardation, I must remember to tell the parent that Indiana law does not require a classroom observation for this category. However, I strongly recommend that the parent request an observation anyway, because an observation will provide valuable information about how the child performs in the classroom. Indiana requires, at a minimum, that the following tests be administered to a child who is suspected of having mental retardation:

1. Ability testing, i.e., IQ
2. Achievement test, i.e., educational needs
3. Adaptive Behavior Assessment

511 I.A.C. 7-26-9 (b) (1), (2), and (3).

Note: Please refer to 511 I.A.C. 7-26-9 (b) for other requirements.

When advocates take on the responsibility of representing to parents what types of tests are required, then they also assume the duty to ensure that the parent understands all the requirements under Indiana law.

Selecting Appropriate Tests

If the parent trusts the independent evaluator, he or she must trust the evaluator's ability to determine appropriate test instruments for the child. However, parents and advocates should not assume that all independent evaluators are knowledgeable about each and every requirement under Indiana law.

Being able to provide parents with this knowledge is part of what makes advocates such an important resource for parents of special needs children. (That, as well as knowing which independent evaluators are reputable and which are on the school's approved "referral list").


Meet Pat Howey

Pat HoweyPatricia Howey has supported families of children with disabilities since 1985. She has a specific learning disability and became involved in special education when her youngest child entered kindergarten. Pat has children, grandchildren, and great-grandchildren who have a variety of disabilities and she has used her experience to advocate for better special education services for several of them.

Pat is a charter member of the Council of Parent Attorneys and Advocates (COPAA), serving on its Board of Directors from 2000 through 2003. She has been a Commissioner on the Tippecanoe (County) Human Relations Committee, a graduate of Leadership Lafayette and Partners in Policymaking, and a member of the Wrightslaw Speakers Bureau. She has been on the faculty of the College of William and Mary Law School’s Institute of Special Education Advocacy since its inception in 2011.

Pat has an A.S. and a B.A. in Paralegal Studies from Saint Mary-of-the-Woods College, where she graduated magna cum laude. She is an Indiana Registered Paralegal and an affiliate member of the Indiana Bar and the American Bar Associations.

Pat began her advocacy career as a volunteer for the Task Force on Education for the Handicapped (now InSource), Indiana’s Parent Training and Information Center. In 1990, she opened her advocacy practice and served families throughout Indiana by representing them at IEP meetings, mediation, and due process hearings.

In 2017, Pat closed her advocacy practice and began working on a contract basis as a special education paralegal. Attorneys in Indiana, Texas, and California contracted with her to review documents, spot issues, draft due process complaints, prepare for hearings, and assist at hearings. In January 2019, she became an employee of the Connell Michael Kerr law firm, owned by Erin Connell, Catherine Michael, and Sonja Kerr. Her duties have now expanded to assisting with federal court cases.

"Changing the World -- One Child at at Time.
"

Contact Information

Patricia L. Howey, B.A., IRP
POB 117
West Point, Indiana 47992-0117
E-mail: specialedconsulting@gmail.com
Webpage: https://cmklawfirm.com/


Copyright © 2005 Pat Howey

Revised 07/23/19

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