Referral for a full and individual evaluation to determine educational needs and special education eligibility determination is a crucial influence in disproportionate minority representation. The available evidence suggests that referrals occur because of significant problems with school achievement, often complicated by social skills and behavior difficulties in the classroom. There is no evidence to support the idea that some of the children referred to special education are normal achievers who have no classroom learning or behavior problems.
Each SEA shall ensure that each public agency establishes and implements procedures that meet the requirements of §§300.531-300.536.
§300.531 Initial evaluation.
Each public agency shall conduct a full and individual initial evaluation, in accordance with §§300.532 and 300.533, before the initial provision of special education and related services to a child with a disability under Part B of the Act.
(Authority: 20 U.S.C. 1414(a)(1))
§300.532 Evaluation procedures.
Each public agency shall ensure, at a minimum, that the following requirements are met:
(a)(1) Tests and other evaluation materials used to assess a child under Part B of the Act—
(i) Are selected and administered so as not to be discriminatory on a racial or cultural basis; and
(ii) Are provided and administered in the child’s native language or other mode of communication, unless it is clearly not feasible to do so; and
(2) Materials and procedures used to assess a child with limited English proficiency are selected and administered to ensure that they measure the extent to which the child has a disability and needs special education, rather than measuring the child’s English language skills.
(b) A variety of assessment tools and strategies are used to gather relevant functional and developmental information about the child, including information provided by the parent, and information related to enabling the child to be involved in and progress in the general curriculum (or for a