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According to the Texas State Plan for the Education of Gifted/Talented Students , equity in G/T education exists when "the population of the total district is reflected in the population of the gifted/talented services program or has been for two (2) of the past three (3) years" (State Plan, 1.6E).

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Evaluation Procedures | Texas Project FIRST

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Parents may want to see the test results at the end of each evaluation. Do expect for the evaluator to give you a general overview rather than a detailed account of his or her findings/scores. This is because observations made and other information collected needs to be carefully looked at first.

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About the Author

The Understood Team is composed of writers, editors and community moderators, many of whom have children with learning and attention issues.

Reviewed by

JoAnna Barnes, J.D., is a lawyer and the parent of a high school student and a college student with learning disabilities.

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IEP Roadmap: How to Seek Out Special Education Services for Your Child

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About the Author The Understood Team is composed of writers, editors and community moderators, many of whom have children with learning and attention issues. Reviewed by JoAnna Barnes, J.D., is a lawyer and the parent of a high school student and a college student with learning disabilities.

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Is Your Child 2e : Twice Exceptional? - Lexercise

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Dyslexic children who have also tested as mentally gifted are 2e. Check out this infographic to learn more about twice exceptional children...

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Learning Specialist and Teacher Materials - Good Sensory Learning

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As much as we would like to think that the public school system will accommodate the individual needs of our kids, many administrators don't like to dip from the general education fund for a single student. As a result, parents often have to fight to obtain reasonable accommodations for their children that have learning disabilities as well as other disabilities that impact learning. The key to navigating this rocky river is to understand the laws and lingo that offers mandated accommodations so that you can be the best possible advocate for your situation. This blog will compare and contrast the mandates required for both 504 and Individualized Education Plan (IEP) designations.

What are the Laws that Mandate 504 Accommodations?
1) Rehabilitation Act 1973, 1993, 1998
This 1973 Act bans discrimination against students with learning disabilities by any program or activity receiving federal financial assistance, including schools.

Section 504 of the Rehabilitation Act

"No otherwise qualified individual with a disability in the United States... shall, solely by reason of her or his disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance"

2) Americans with Disabilities Act (ADA) 1990, 2008 Extended Protections to State and Local Organizations:
Under ADA, an individual with a disability is a person who: 1) has a physical or mental impairment that substantially limits one or more major life activities; or 2) has a record of such an impairment; or 3) is regarded as having such an impairment.

What is the Law that Mandates IEP Accommodations?
Individuals with Disabilities Education Act (IDEA) 1997, 2004
IDEA makes an attempt to ensure that every student with disabilities receives special education services and due process. More importantly, a bar was set in terms of what students with disabilities could expect: a Free Appropriate Public Education (FAPE).

Under IDEA any student found to have a disability and requiring classroom accommodations must have an Individualized Education Plan (IEP). Prepared by a team that includes school officials, teachers and parents, the IEP should contain:

Current level of academic achievement.

Annual, measurable goals.

Calendar plan for periodic progress reports.

A statement of the special services and aids to be provided to the child.

For more information and exact wording, see the U.S. Department of Education website.
A Quick Comparison of IEP and 504 Plans

Just remember, the more informed you are about your child's needs and the legal rights that they deserve, the more the schools will accommodate your situation.

I offer a monthly newsletter that features my current video podcasts, projects, publications, freebies, sales at Good Sensory Learning and my Amazon store, a summary of my most recent blogs and more. CLICK HERE

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As much as we would like to think that the public school system will accommodate the individual needs of our kids, many administrators don't like to dip from the general education fund for a single student. As a result, parents often have to fight to obtain reasonable accommodations for their children that have learning disabilities as well as other disabilities that impact learning.

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Welcome to the gifted/talented (G/T) education webpage. The state's goal for G/T students is to ensure that those students who participate in G/T services demonstrate skills in self-directed learning, thinking, research, and communication. G/T students develop innovative products and sophisticated performances that reflect individuality and creativity and are targeted to an audience outside the classroom.

A gifted/talented student is a child or youth who performs at or shows the potential for performing at a remarkably high level of accomplishment when compared to others of the same age, experience, or environment and who

exhibits high performance capability in an intellectual, creative, or artistic area;

possesses an unusual capacity for leadership; or

excels in a specific academic field. (Texas Education Code §29.121)

Texas State Plan

The State Plan provides requirements for and guidance to districts as they meet the unique needs of the gifted/talented population in Texas.

The Texas State Plan for the Education of Gifted/Talented Students (State Plan) - revised 2009
English Version (PDF, 160 KB) Spanish Version (PDF, 181 KB)

For a print-ready file allowing you to produce an English-Spanish flip version of the Texas State Plan for the Education of Gifted/Talented Students, please e-mail gted@tea.texas.gov.

Gifted/Talented Frequently Asked Questions provides information relating to the State Plan and should not be construed as TEA rules. The PDF version of the G/T FAQs (PDF, 69 KB) are available.
Join the Texas Gifted/Talented Education mailing list
For further questions or inquires email TEA at gted@tea.texas.gov.

Guiding Questions for Program Review (PDF, 187 KB)

Guiding Questions for Program Review Recommended (PDF, 143 KB)

Guiding Questions for Program Review Exemplary (PDF, 124 KB)

This tool for G/T program review serves as a resource to the State Plan and provides guided questions to assist districts in their efforts to meet the compliance guidelines.

Professional Development

The 30 hours of G/T foundational training, 6 hours of update, and administrator/counselor training is coordinated by the local district.

Required Gifted/Talented Teacher Training (PDF, 16.9 KB)

School board training and other trainings are available through the regional Education Service Centers (ESCs).

Related Links

The Texas Education Code on Gifted/Talented Education, TEC Subchapter D. Educational Programs for Gifted/Talented Students §29.121-§29.123 and §42.156

The Texas Administrative Code on Gifted/Talented Education (TAC) §89.1-§89.5

Distinguished Achievement Program (DAP) Frequently Asked Questions (PDF, 30KB)

Reading Strategies for Advanced Primary Readers (PDF, 12,811KB)

The Texas Performance Standards Project (outside source)
Texas AP/IB Incentive Program
Equity in G/T (outside source)

Texas Association for Gifted and Talented (outside source)

National Association for Gifted Children (outside source)

Gifted/Talented Education Resources

The following links provide support for G/T instruction and program services.

Texas G/T Program Implementation Resource (outside source)

The Texas Performance Standards Project (outside source)

Equity in G/T Education (outside source)

Gifted/Talented Teacher Toolkit I (outside source)

Gifted/Talented Teacher Toolkit II (outside source)

Estudios, A J. K. Javits Grant Program (outside source)

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Welcome to the gifted/talented (G/T) education webpage. The state's goal for G/T students is to ensure that those students who participate in G/T services demonstrate skills in self-directed learning, thinking, research, and communication. G/T students develop innovative products and sophisticated performances that reflect individuality and creativity and are targeted to an audience outside the classroom.

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wrightslaw gifted twice exceptional special education law iep autism adhd needs learning disabilities advocacy 504 resources add dyslexia needs no child left behind act regulations services nclb idea ld peter pamela wright

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Twice Exceptional Children (2e) - Wrightslaw

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Twice Exceptional Children (2e) includes articles, resources, recommended books, free publications, information, and support from Wrightslaw about children who are gifted with special educational needs.

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Mention the terms "intellectual giftedness" and "learning disability" and there is a general understanding of what each term means. However, most people are unaware that in many circumstances the two can go hand in hand.

Current US research suggests that 14% of children who are identified as being intellectually gifted may also have a learning disability. This is compared to about 4% of children in the general population. No-one has been able to explain this discrepancy.

While children who are intellectually gifted are acknowledged, the fact that some of these students could also have a learning disability is ignored. Teachers are not trained in identifying these children or how to teach them so they can reach their full potential.

Identifying a gifted student with disabilities

While generally referred to as " GLD " (gifted with a learning disability), these children are also referred to as "twice exceptional" (2e), and "double labeled". Their disabilities can include ADD/ADHD, dyslexia, processing disorders, Aspergers' and physical and emotional disorders. These children may be in gifted programs but it is more likely that they would be in a specialist remedial program with their intellectual giftedness ignored.

GLD children are often hard to identify. The most common and significant feature of a GLD child is uneven or inconsistent academic performance which is unexplained and unpredictable.

They may achieve outstandingly high results in academic activities outside of school, yet this same level of achievement is not reflected in their school assessments. They may excel on multiple-choice tests, yet struggle when asked to compose answers on a blank page. Others may excel verbally but perform poorly on pen-and-paper tasks.

Difficulties arise with identifying these children as they generally fall into three categories:

1. Those whose intellectual giftedness is recognized and whose disability only becomes apparent as the difficulty in their schoolwork increases

2. Those who are not identified as either gifted or with a learning disability because they are demonstrating average achievement

3. Those who are identified as having a learning disability and may be in a learning support program but their intellectual giftedness is not recognized.

To further complicate things the identification processes for gifted programs and learning disability services are mutually exclusive. In schools there is usually a gifted education coordinator, who caters to the needs of gifted students, and a special needs team, whose role is to provide support services for students with learning disabilities. Their roles are specific to these two groups and there is rarely any overlap or consultation between them.

The consequences of not being recognized

GLD children continually struggle to make sense of having high intellectual potential and disability. They begin to doubt their abilities and become increasingly frustrated. After repeated failures, unidentified or unsupported GLD children tend to conclude that they are "just stupid" and can't see the point in trying.

Teachers may label them as lazy. The result is continuing underachievement, lack of motivation, behavioral issues and disenchantment with school. The long-term results are often school refusal, school dropout, social and family problems, chronic under-employment, low socio-economic status and serious mental health concerns.

These results impact not only on the child but ripple outwards, splintering families, putting financial strain on parents, burning out support workers and reducing quality of life for all involved. I spoke to one such child in my research who told his parents how he feels about school:

You don't know what it's like when you bring me to this place. It's like a nuclear bomb going off in my stomach, it spreads to my head and I can't think and it spreads to my hands and I can't make them move.

Children who are intellectually gifted with a learning disability are frequently misunderstood. Some educators, on the one hand, point to the child's giftedness to "prove" that the child has no real learning disabilities and, on the other hand, point to the child's learning disabilities to suggest that the child is not really gifted.

What needs to be done?

Failure to recognize these children stems from a failure by federal and state governments to ensure that teachers receive training that enables them to identify these children and meet their educational needs.

There needs to be sufficient and consistent levels of community, university, teacher and institutional awareness and understanding of GLD children. The earlier a child can be identified, the greater the chance that the issues can be addressed and the child will reach his or her potential.

By Catherine Wormald, Lecturer, School of Education at University of Wollongong. This article was originally published on The Conversation. Read the original article.

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Intellectually Gifted Kids And Learning Disabilities Often Go Hand In Hand

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Mention the terms "intellectual giftedness" and "learning disability" and there is a general understanding of what each term means. However, most people are unaware that in many circumstances the two can go hand in hand. Current US research suggests that 14% of children who are identified as being intellectually gifted may also have a learning disability.

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A 504 plan is a blueprint for how the school will support a student with a disability and remove barriers to learning. The goal is to give the student equal access at school.

504 plans are formal plans that schools develop to give kids with disabilities the support they need. That covers any condition that limits daily activities in a major way.

504 plans often include accommodations. These can include:

Changes to the environment (like taking tests in a quiet space)

Changes to instruction (like checking in frequently on key concepts)

Changes to how curriculum is presented (like getting outlines of lessons)

Accommodations don't change what kids learn, just how they learn it. The goal is to remove barriers and give kids access to learning.

While it's rare, 504 plans can provide modifications. Unlike accommodations, modifications do change what a student is taught or is expected to learn. Students might get fewer homework assignments, for instance. Or they may be graded in a different way than their classmates.

The process for getting a 504 plan is different, and simpler, than the process for getting an IEP. But it varies from school district to school district

With 504 plans, schools look at information about a student from a few different sources. One source might be a medical diagnosis. Schools might also look at the student's grades, test scores, and teacher recommendations.

Families or schools can request a 504 plan through the school district's 504 coordinator. This person may also be the IEP coordinator. (Ask the principal if you're not sure who to contact.) The request must be in writing. The school will then hold a meeting to decide if the child qualifies and what supports are appropriate.

Legal rights under 504 plans

The 504 process has fewer protections than the special education process. But families can still play an important role by staying involved and making sure kids with disabilities get the same education as kids who don't.

Key takeaways

504 plans are designed to help kids with disabilities learn alongside their peers.

A 504 plan isn't the same as an IEP.

There are fewer safeguards in the 504 plan process than in the IEP process, so it's important to be proactive.

About the author

About the author

The Understood Team is made up of passionate writers and editors. Many of them have kids who learn and think differently.

Reviewed by

Reviewed by

Melody Musgrove, EdD served as director of the Office of Special Education Programs (OSEP) in the U.S. Department of Education.

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A 504 plan is a blueprint for how the school will support a student with a disability and remove barriers to learning. The goal is to give the student equal access at school. 504 plans are formal plans that schools develop to give kids with disabilities the support they need.

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"Your child is gifted and needs special education?" Many parents are all too familiar with this kind of comment. You may hear it from friends. From family. Even from some teachers and doctors.

Yet there are lots of people who have exceptional ability in some academic areas and significant learning difficulties in other areas. Educators use a special name to describe students who qualify for gifted programs as well as special education services. These children are referred to as " twice-exceptional " learners.

"Some organizations estimate that there are hundreds of thousands of twice-exceptional learners in U.S. schools."

Consider Tessa: She's a bright, insightful and enthusiastic fourth grader who is reading at a 12th-grade level. At the same time, she can't pass her spelling tests, and writing is a huge struggle.

Consider Jamie: At 16, he knows everything about the Civil War, writes beautifully, and can talk endlessly about politics. Yet he needs a calculator to help him with even the most basic math. And he couldn't tie his shoes until he was in seventh grade.

Consider Steven Spielberg: He's one of the most successful filmmakers of all time, but reading has been a lifelong struggle for him because he has dyslexia.

Twice-Exceptional and Easily Overlooked

Some organizations estimate that there are hundreds of thousands of twice-exceptional learners in U.S. schools. But there are no hard numbers because so many of these students are never formally identified as being gifted, having a disability or both.

Twice-exceptional children tend to fall into one of three categories. These categories help explain why students often go through school without the services and stimulation they need:

Students whose giftedness masks their learning and attention issues. These kids score high on tests for giftedness but may not do well in gifted programs. These students use their exceptional abilities to try to compensate for their weaknesses. But as they get older, they may be labeled as "underachievers" or "lazy" as they fall behind their gifted peers.

Students whose learning and attention issues mask their giftedness. Learning and attention issues can affect performance on IQ tests and other assessments for giftedness. For example, since many of these tests require language skills, kids with language-based challenges may not perform well. These kids may be placed in special education classes, where they become bored and possibly act out because they aren't being challenged enough. Some of these children are identified, wrongly, as having emotional problems.

Students whose learning and attention issues and giftedness mask each other. These kids may appear to have average ability because their strengths and weaknesses "cancel each other out." Consequently, these students may not qualify for gifted programs or for special education programs.

Identifying Twice-Exceptional Students

Federal law protects students with disabilities. School districts are required to look for children with disabilities and provide special education to those who qualify for it. Gifted education is a different animal.

There is no federal requirement for gifted education. Decisions about gifted programming are made at the state and local level. Few states specify what these services should be and which talents should be nurtured. This is often left up to individual school districts. And funding for gifted services can vary greatly from district to district.

Identifying twice-exceptional students tends to be a low priority. Often it takes a proactive parent to push for testing for both giftedness and learning and attention issues. But sometimes teachers are the first to raise the possibility.

Here are some early tip-offs that your child could be a twice-exceptional learner:

Extraordinary talent in a particular area, such as math, drawing, verbal communication or music

A significant gap between your child's performance in school and his performance on aptitude tests

Signs of a processing disorder, such as having trouble following spoken directions or stories that are read aloud

There isn't a simple, one-test way of identifying twice-exceptional children. Ask your child's school how it evaluates kids for giftedness and learning and attention issues. The process will likely include assessing your child's strengths and weaknesses as well as observing him in class and other settings.

It may be helpful for you and the teachers to keep records of what your child excels in and struggles with. Be on the lookout for "disconnects" between how hard he's studying and what kinds of grades he's making.

Social and Emotional Challenges

Giftedness can add to the social and emotional challenges that often come along with learning and attention issues. Here are some challenges that twice-exceptional learners may face:

Frustration: This is especially common among kids whose talents and learning issues have gone unnoticed or only partially addressed. These students may have high aspirations and resent the often-low expectations that others have for them. They may crave independence and struggle to accept that they need support for their learning and attention issues.

Like many gifted students, twice-exceptional learners may be striving for perfection. Nearly all the students who participated in one study of giftedness and learning disabilities reported that they "could not make their brain, body or both do what they wanted to do." No wonder these kids are frustrated!

Low self-esteem: Without the right supports, children with learning and attention issues may lose confidence in their abilities or stop trying because they start to believe that failure is inevitable. This kind of negative thinking can add to the risk of depression.

Social isolation: Twice-exceptional kids often feel like they don't fit into one world or another. They may not have the social skills to be comfortable with the students in their gifted classes. They may also have trouble relating to students in their remedial classes. This can lead twice-exceptional learners to wonder, "Where do I belong?" These children often find it easier to relate to adults than to kids their age.

How to Help Your Child

With the right supports and encouragement, twice-exceptional learners can flourish. (Just ask Steven Spielberg!) Here's what you can do to help your child:

Talk to the school. If you suspect your child may be twice exceptional, request a meeting with the school's special education coordinator. Discuss your concerns, and ask about types of tests.

Ask to stay in the gifted program. If your child has been identified as gifted but is not doing well in that program, request that he be assessed for learning and attention issues before any decisions are made about removing him from the program.

Make the most of your child's IEP. If the school determines that your child is twice exceptional, use the annual goals in his Individualized Education Program (IEP) to address his weaknesses and nurture his gifts. Be prepared to brainstorm-and to be persistent!

Find other twice-exceptional kids. Encourage your child to spend time with children who have similar interests and abilities. This can help him celebrate his strengths and feel less isolated. You may be able to connect with twice-exceptional families through Understood's parent community.

Empower your child. Help him understand what his gifts and weaknesses are. Reassure him that he can get support in the areas where he struggles. But resist the urge to rush in and rescue him every time he gets frustrated. It's better to help him learn to cope with his mixed abilities.

By partnering with your child's teachers, you can help your child develop his talents and achieve his full potential. Learn more about how to be an effective advocate for your child at school. Explore Parenting Coach for strategies on how to handle frustration and other everyday challenges. With your love and support, your child can move ahead and make the most of his gifts.

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Gifted Children's Challenges With Learning and Attention Issues

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"Your child is gifted and needs special education?" Many parents are all too familiar with this kind of comment. You may hear it from friends. From family. Even from some teachers and doctors. Yet there are lots of people who have exceptional ability in some academic areas and significant learning difficulties in other areas.

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Updated, May 2014
A legacy resource from NICHCY
In Spanish | en español
Evaluation is an essential beginning step in the special education process for a child with a disability. Before a child can receive special education and related services for the first time, a full and individual initial evaluation of the child must be conducted to see if the child has a disability and is eligible for special education. Informed parent consent must be obtained before this evaluation may be conducted.

The evaluation process is guided by requirements in our nation's special education law, the Individuals with Disabilities Education Act (IDEA). This page will help you learn more about what these requirements are.
Table of Contents
Purposes of Evaluation

The initial evaluation of a child is required by IDEA before any special education and related services can be provided to that child. The purposes of conducting this evaluation are straightforward:

To see if the child is a "child with a disability," as defined by IDEA

To gather information that will help determine the child's educational needs

To guide decision making about appropriate educational programming for the child.

IDEA's Definition of a "Child with a Disability"

IDEA lists different disability categories under which a child may be found eligible for special education and related services. These categories are:

Autism

Deafness

Deaf-blindness

Developmental delay

Emotional disturbance

Hearing impairment

Intellectual disability

Multiple disabilities

Orthopedic impairment

Other health impairment

Specific learning disability

Speech or language impairment

Traumatic brain injury

Visual impairment, including blindness.

To find out more about these disabilities and how IDEA defines them, you'll find Categories of Disability under IDEA right to the point.

Having a disability, though, does not necessarily make a child eligible for special education. Consider this language from the IDEA regulations:

Child with a disability means a child evaluated in accordance with §§300.304 through 300.311 as having [one of the disabilities listed above] and who, by reason thereof, needs special education and related services. [ emphasis added]

This provision includes the very important phrase "...and who, by reason thereof..." This means that, because of the disability, the child needs special education and related services. Many children have disabilities that do not bring with them the need for extra educational assistance or individualized educational programming. If a child has a disability but is not eligible under IDEA, he or she may be eligible for the protections afforded by other laws-such as Section 504 of the Rehabilitation Act of 1973, as amended. It's not uncommon for a child to have a 504 plan at school to address disability-related educational needs. Such a child will receive needed assistance but not under IDEA.

Identifying Children for Evaluation

Before a child's eligibility under IDEA can be determined, however, a full and individual evaluation of the child must be conducted. There are at least two ways in which a child may be identified to receive an evaluation under IDEA:

(1) Parents may request that their child be evaluated. Parents are often the first to notice that their child's learning, behavior, or development may be a cause for concern. If they're worried about their child's progress in school and think he or she might need extra help from special education services, they may call, email, or writeto their child's teacher, the school's principal, or the Director of Special Education in the school district. If the school agrees that an evaluation is needed, it must evaluate the child at no cost to parents.

(2) The school system may ask to evaluate the child. Based on a teacher's recommendation, observations, or results from tests given to all children in a particular grade, a school may recommend that a child receive further screening or assessment to determine if he or she has a disability and needs special education and related services. The school system must ask parents for permission to evaluate the child, and parents must give their informed written permission before the evaluation may be conducted.

Giving Parents Notice

It is important to know that IDEA requires the school system to notify parents in writing that it would like to evaluate their child (or that it is refusing to evaluate the child). This is called giving prior written notice. It is not enough for the agency to tell parents that it would like to evaluate their child or that it refuses to evaluate their child. The school must also:

explain why it wants to conduct the evaluation (or why it refuses);

describe each evaluation procedure, assessment, record, or report used as a basis for proposing the evaluation (or refusing to conduct the evaluation);

where parents can go to obtain help in understanding IDEA's provisions;

what other options the school considered and why those were rejected; and

a description of any other factors that are relevant to the school's proposal (or refusal) to evaluate the child.

The purpose behind this thorough explanation is to make sure that parents are fully informed, understand what is being proposed (or refused), understand what evaluation of their child will involve (or why the school system is refusing to conduct an evaluation of the child), and understand their right to refuse consent for evaluation, or to otherwise exercise their rights under IDEA's procedural safeguards if the school refuses to evaluate.

All written communication from the school must be in a form the general public can understand. It must be provided in parents' native language if they do not read English, or in the mode of communication they normally use (such as Braille or large print) unless it is clearly not feasible to do so. If parents' native language or other mode of communication is not a written language, the school must take steps to ensure:

that the notice is translated orally (or by other means) to parents in their native language or other mode of communication,

that parents understand the content of the notice, and

that there is written evidence that the above two requirements have been met.

Parental Consent

Before the school may proceed with the evaluation, parents must give their informed written consent. This consent is for the evaluation only. It does not mean that the school has the parents' permission to provide special education services to the child. That requires a separate consent.

If parents refuse consent for an initial evaluation (or simply don't respond to the school's request), the school must carefully document all its attempts to obtain parent consent. It may also continue to pursue conducting the evaluation by using the law's due process procedures or its procedures, unless doing so would be inconsistent with state law relating to parental consent.

However, if the child is home-schooled or has been placed in a private school by parents (meaning, the parents are paying for the cost of the private school), the school may not override parents' lack of consent for initial evaluation of the child. As the Department of Education (2006) notes:

...once parents opt out of the public school system, States and school districts do not have the same interest in requiring parents to agree to the evaluation of their children. In such cases, it would be overly intrusive for the school district to insist on an evaluation over a parent's objection. (71 Fed. Reg. at 46635)

Timeframe for Initial Evaluation

Let's move on from the prerequisites for initial evaluation (parent notification and parent consent) to the actual process of initial evaluation and what the law requires. Let us assume that parents' informed consent has been given, and it's time to evaluate the child. Must this evaluation be conducted within a certain period of time after parents give their consent?

Yes. In its reauthorization of IDEA in 2004, Congress added a specific timeframe: The initial evaluation must be conducted within 60 days of receiving parental consent for the evaluation-or if the state establishes its own timeframe for conducting an initial evaluation, within that timeframe. (In other words: Any timeframe established by the state takes precedence over the 60-day timeline required by IDEA.)

The Scope of Evaluation

A child's initial evaluation must be full and individual, focused on that child and only that child. This is a longstanding provision of IDEA. An evaluation of a child under IDEA means much more than the child sitting in a room with the rest of his or her class taking an exam for that class, that school, that district, or that state. How the child performs on such exams will contribute useful information to an IDEA-related evaluation, but large-scale tests or group-administered instruments are not enough to diagnose a disability or determine what, if any, special education or related services the child might need, let alone plan an appropriate educational program for the child.

The evaluation must use a variety of assessment tools and strategies to gather relevant functional, developmental, and academic information about the child, including information provided by the parent. When conducting an initial evaluation, it's important to examine all areas of a child's functioning to determine not only if the child is a child with a disability, but also determine the child's educational needs. This full and individual evaluation includes evaluating the child's:

health,

vision and hearing,

social and emotional status,

general intelligence,

academic performance,

communicative status, and

motor abilities

As IDEA states, the school system must ensure that-

...the evaluation is sufficiently comprehensive to identify all of the child's special education and related services needs, whether or not commonly linked to the disability category in which the child has been classified.

Review Existing Data

Evaluation (and particularly reevaluation) typically begins with a review of existing evaluation data on the child, which may come from the child's classroom work, his or her performance on State or district assessments, information provided by the parents, and so on.

The purpose of this review is to decide if the existing data is sufficient to establish the child's eligibility and determine educational needs, or if additional information is needed. If the group determines there is sufficient information available to make the necessary determinations, the public agency must notify parents:

of that determination and the reason for it; and

that parents have the right to request assessment to determine the child's eligibility and educational needs.

Unless the parents request an assessment, the public agency is not required to conduct one.

If it is decided that additional data is needed, the group then identifies what is needed to determine:

whether your son or daughter has a particular category of disability (e.g., "other health impairment," "specific learning disability");

your child's present levels of performance (that is, how he or she is currently doing in school) and his or her academic and developmental needs;

whether your child needs special education and related services; and

if so, whether any additions or modifications are needed in the special education and related services to enable your child to meet the goals set out in the IEP to be developed and to participate, as appropriate, in the general curriculum.

An example may help crystallize the comprehensive scope of evaluations: Consider a first-grader with suspected hearing and vision impairments who's been referred for an initial evaluation. In order to fully gather relevant functional, developmental, and academic information and identify all of the child's special education and related services needs, evaluation of this child will obviously need to focus on hearing and vision, as well as, cognitive, speech/language, motor, and social/behavioral skills, to determine:

the degree of impairment in vision and hearing and the impact of these impairments on the child;

if there are additional impairments in other areas of functioning (including those not commonly linked to hearing and/or vision) that impact the child's aptitude, performance, and achievement; and

what the child's educational needs are that must be addressed.

With this example, any of the following individuals might be part of this child's evaluation team: audiologist, psychologist, speech-language pathologist, social worker, occupational or physical therapist, vision specialist, regular classroom teacher, educational diagnosticians, or others.

Variety, Variety!

The evaluation must use a variety of assessment tools and strategies. This has been one of the cornerstones of IDEA's evaluation requirements from its earliest days. Under IDEA, it is inappropriate and unacceptable to base any eligibility decision upon the results of only one procedure. Tests alone will not give a comprehensive picture of how a child performs or what he or she knows or does not know. Only by collecting data through a variety of approaches (e.g., observations, interviews, tests, curriculum-based assessment, and so on) and from a variety of sources (parents, teachers, specialists, child) can an adequate picture be obtained of the child's strengths and weaknesses.

IDEA also requires schools to use technically sound instruments and processes in evaluation. Technically sound instruments generally refers to assessments that have been shown through research to be valid and reliable (71 Fed. Reg. at 46642). Technically sound processes requires that assessments and other evaluation materials be:

administered by trained and knowledgeable personnel;

administered in accordance with any instructions provided by the producer of the assessments; and

used for the purposes for which the assessments or measures are valid and reliable.

In conjunction with using a variety of sound tools and processes, assessments must include those that are tailored to assess specific areas of educational need (for example, reading or math) and not merely those that are designed to provide a single general intelligence quotient, or IQ.

Taken together, all of this information can be used to determine whether the child has a disability under IDEA, the specific nature of the child's special needs, whether the child needs special education and related services and, if so, to design an appropriate program.

Consider Language, Communication Mode, and Culture

Another important component in evaluation is to ensure that assessment tools are not discriminatory on a racial or cultural basis. Evaluation must also be conducted in the child's typical, accustomed mode of communication (unless it is clearly not feasible to do so) and in a form that will yield accurate information about what the child knows and can do academically, developmentally, and functionally. For many, English is not the native language; others use sign to communicate, or assistive or alternative augmentative communication devices. To assess such a child using a means of communication or response not highly familiar to the child raises the probability that the evaluation results will yield minimal, if any, information about what the child knows and can do.

Specifically, consideration of language, culture, and communication mode means the following:

If your child has limited English proficiency, materials and procedures used to assess your child must be selected and administered to ensure that they measure the extent to which your child has a disability and needs special education, rather than measuring your child's English language skills.

This provision in the law is meant to protect children of different racial, cultural, or language backgrounds from misdiagnosis. For example, children's cultural backgrounds may affect their behavior or test responses in ways that teachers or other personnel do not understand. Similarly, if a child speaks a language other than English or has limited English proficiency, he or she may not understand directions or words on tests and may be unable to answer correctly. As a result, a child may mistakenly appear to be a slow learner or to have a hearing or communication problem.

If an assessment is not conducted under standard conditions-meaning that some condition of the test has been changed (such as the qualifications of the person giving the test or the method of giving the test)-a description of the extent to which it varied from standard conditions must be included in the evaluation report.

If your child has impaired sensory, manual, or speaking skills, the law requires that tests are selected and administered so as best to ensure that test results accurately reflect his or her aptitude or achievement level (or whatever other factors the test claims to measure), and not merely reflect your child's impaired sensory, manual, or speaking skills (unless the test being used is intended to measure those skills).

What About Evaluation for Specific Learning Disabilities?

IDEA's regulations specify additional procedures required to be used for determining the existence of a specific learning disability. Sections 300.307 through 300.311 spell out what these procedures are. You can learn more by reading of NICHCY's Building the Legacy training curriculum on IDEA 2004.

It's important to note, though, that IDEA 2004 made dramatic changes in how children who are suspected of having a learning disability are to be evaluated.

States must not require the use of a severe discrepancy between intellectual ability and achievement.

States must permit the use of a process based on the child's response to scientific, research-based intervention; and

States may permit the use of other alternative research-based procedures for determining whether a child has a specific learning disability.

The team that makes the eligibility determination must include a regular education teacher and at least one person qualified to conduct individual diagnostic examinations of children, such as a school psychologist, speech-languate pathologist, or remedial reading teacher.

Determining Eligibility

Parents were not always included in the group that determined their child's eligibility and, in fact, were often excluded. Since the IDEA Amendments of 1997, parents are to be part of the group that determines their child's eligibility and are also to be provided a copy of the evaluation report, as well as documentation of the determination of the child's eligibility.

Some school systems will hold a meeting where they consider only the eligibility of the child for special education and related services. At this meeting, your child's assessment results should be explained. The specialists who assessed your child will explain what they did, why they used the tests they did, your child's results on those tests or other evaluation procedures, and what your child's scores mean when compared to other children of the same age and grade.

It is important to know that the group may not determine that a child is eligible if the determinant factor for making that judgment is the child's lack of instruction in reading or math or the child's limited English proficiency. The child must otherwise meet the law's definition of a "child with a disability"-meaning that he or she has one of the disabilities listed in the law and, because of that disability, needs special education and related services.

If the evaluation results indicate that your child meets the definition of one or more of the disabilities listed under IDEA and needs special education and related services, the results will form the basis for developing your child's IEP. The IEP is discussed in detail in CPIR's pages beginning at All About the IEP.

What Happens if You Don't Agree with the Evaluation Results?

If you, as parents of a child with a disability, disagree with the results of your child's evaluation as obtained by the public agency, you have the right to obtain what is known as an Independent Educational Evaluation , or IEE. An IEE means an evaluation conducted by a qualified examiner who is not employed by the public agency responsible for the education of your child. If you ask for an IEE, the public agency must provide you with, among other things, information about where an IEE may be obtained.

Who pays for the independent evaluation? The answer is that some IEEs are at public expense and others are paid for by the parents. For example, if you are the parent of a child with a disability and you disagree with the public agency's evaluation, you may request an IEE at public expense. "At public expense" means that the public agency either pays for the full cost of the evaluation or ensures that the evaluation is otherwise provided at no cost to you as parents. The public agency may grant your request and pay for the IEE, or it may initiate a hearing to show that its own evaluation was appropriate. The public agency may ask why you object to the public evaluation. However, the agency may not require you to explain, and it may not unreasonably delay either providing the IEE at public expense or initiating a due process hearing to defend the public evaluation.

If the public agency initiates a hearing and the final decision of the hearing officer is that the agency's evaluation was appropriate, then you still have the right to an IEE but not at public expense. As part of a due process hearing, a hearing officer may also request an IEE; if so, that IEE must be at public expense. Whenever an IEE is publicly funded, that IEE must meet the same criteria that the public agency uses when it initiates an evaluation. The public agency must tell you what these criteria are-such as location of the evaluation and the qualifications of the examiner-and they must be the same criteria the public agency uses when it initiates an evaluation, to the extent they are consistent with your right to an IEE. However, the public agency may not impose other conditions or timelines related to your obtaining an IEE at public expense.

Of course, you have the right to have your child independently evaluated at any time at your own expense. (Note: When the same tests are repeated within a short time period, the validity of the results can be seriously weakened.) The results of this evaluation must be considered by the public agency, if it meets agency criteria, in any decision made with respect to providing your child with FAPE. The results may also be presented as evidence at a hearing regarding your child.

What Happens Down the Road?

After the initial evaluation, evaluations must be conducted at least every three years (generally called a triennial evaluation) after your child has been placed in special education. Reevaluations can also occur more frequently if conditions warrant, or if you or your child's teacher request a reevaluation. Informed parental consent is also necessary for reevaluations.

As with initial evaluations, reevaluations begin with the review of existing evaluation data, including evaluations and information provided by you, the child's parents. Your consent is not required for the review of existing data on your child. As with initial evaluation, this review is to identify what additional data, if any, are needed to determine whether your child continues to be a "child with a disability" and continues to need special education and related services. If the group determines that additional data are needed, then the public agency must administer tests and other evaluation materials as needed to produce the data. Prior to collecting this additional information, the agency must obtain your informed written consent.

Or, if the group determines that no additional data are needed to determine whether your child continues to be a "child with a disability," the public agency must notify you:

of this determination and the reasons for it; and

of your right, as parents, to request an assessment to determine whether, for the purposes of services under IDEA, your child continues to be a "child with a disability."

A final note with respect to reevaluations: Before determining that your child is no longer a "child with a disability" and, thus, no longer eligible for special education services under IDEA, the public agency must evaluate your child in accordance with all of the provisions described above. This evaluation, however, is not required before terminating your child's eligibility due to graduation with a regular high school diploma or due to exceeding the age eligibility for FAPE under State law.

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Center for Parent Information and Resources

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Updated, May 2014 A legacy resource from NICHCY In Spanish | en español Evaluation is an essential beginning step in the special education process for a child with a disability. Before a child can receive special education and related services for the first time, a full and individual initial evaluation of the child must be conducted to see if the child has a disability and is eligible for special education.