ELIGIBILITY EVALUATIONS FOR SPECIAL EDUCATION

For a student to be eligible for special education under the Individuals with Disabilities Education Act (IDEA), the student must have a disability and the disability must affect the child's ability to learn at the level of her classmates or her own intellectual ability. Establishing eligibility in New Mexico is a two-step process.

First, a Multidisciplinary Team (MDT) evaluates the student's functional and developmental levels. The MDT is composed of individuals with information about the child and usually includes general and special education teachers, the parent(s) or the adult student, and other qualified individuals such as therapists, social workers and other school staff. The team reviews existing information about the student including evaluations and information provided by the parent, current classroom-based assessments, interventions and observations, and teacher and other service providers' observations.

The MDT prepares an ASSESSMENT which includes:

• Data to document the student's suspected area(s) of disability;
• A recommendation for additional information or assessments;
• An outline of how the disability affects the student's educational performance; and
• Recommendations for special education services.

Second, the student's Individual Educational Plan (IEP) Team, which includes the parents and may be composed of the same individuals as are on the MDT, reviews the ASSESSMENT and conducts the EVALUATION. The IEP Team decides if the student's disability affects her ability to learn at the level of her classmates or at her own intellectual ability and determines whether she is eligible for special education services.

Requirements for EVALUATIONS include:

• Assessments in all areas of suspected physical or mental disability;
• Assessments must accurately reflect the student's aptitude or achievement level even if the student is blind or deaf, can't write or speak;
• Any Standardized tests used, (1) must be validated for the specific purpose for which they are used; (2) must be administered according to the instructions provided by the producer of the tests; and (3) must be selected and administered in a way not biased in terms of race, gender, culture or socioeconomic status;
• Evaluation materials must be in the student's primary language or mode of communciation;
• Assessments must be conducted by qualified personnel; and
• The District must provide assessment tools and strategies to assist in determining the educational needs and appropriate education program for the student.
• A student does not have a disability if she only lacks instruction in reading or math or has limited English proficiency.

PARENTS' RIGHTS:

Before an initial evaluation can take place:

• The parent may provide evaluations and information which must be reviewed and considered by the MDT and the IEP Teams when determining eligibility.
• The parent(s) must consent in writing to additional evaluations and may refuse consent for specific tests, parts of tests or for testing altogether.
• The parents must be fully informed in their native language about the types of evaluations to be done and the reasons for conducting them.
• Parent has right to examine all proposed assessments and evaluation materials and be shown all procedures.
• All evaluations must be provided at no cost to the parent.
• If the parent refuses consent for the initial evaluation, the District may request mediation or a due process hearing to continue with the testing..
• The parent may revoke consent any time prior to the evaluation.

After the evaluation is completed:

• The parent does not have to accept the results of the evaluation if the testing doesn't seem to accurately describe their child..
• Parental consent for evaluation is not consent for placement for special education and related services.
• The parent has the right to request an independent evaluation at the District's expense. However, the District may oppose the independent evaluation by requesting a hearing.

School districts are required to re-evaluate special education students covered under IDEA every three years

Parental rights when re-evaluation is requested:

• If the District wants to conduct additional tests after the initial evaluations is completeted, the District must provide written notice to the parents of the reasons for wanting the additional information.
• The parent must consent before the child is re-evaluated if additional information is needed.
• However, if the parent fails to respond when the District makes reasonable attempts to obtain the parent's consent, the District may conduct the reevaluation without the consent.
• The parent has the right to request further assessment to determine whether the student continues to have a disability.
• All reevaluation procedures must be provided at no expense to the parents.