1. (a) Notice. The public agency must provide notice to the parents of a child with a disability, in accordance with 34 C.F.R. § 300.503, that describes any evaluation procedures the agency proposes to conduct.

2. (b) Each public agency must ensure that:

   1. (1) Assessments and other evaluation materials used to assess a child under Part B of the Individuals with Disabilities Education Act are:

      1. (A) Selected and administered so as not to be discriminatory on a racial or cultural basis; and
      2. (B) Provided and administered in the child’s native language or other mode of communication and in the form most likely to yield accurate information on what the child knows and can do academically, developmentally, and functionally, unless it is clearly not feasible to so provide or administer;
   2. (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;

   3. (3) A variety of assessment tools and strategies are used to gather relevant functional, developmental, and academic 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 preschool child, to participate in appropriate activities), that may assist in determining:

      1. (A) Whether the child is a child with a disability under 34 C.F.R. § 300.8 and 6 CAR §§ 130-208 and 130-609; and
      2. (B) The content of the child’s IEP;

   4. (4) Any standardized tests that are given to a child:

      1. (A) Have been validated for the specific purpose for which they are used; and
      2. (B) Are administered by trained and knowledgeable personnel in accordance with any instructions provided by the producer of the tests;
   5. (5) If an assessment is not conducted under standard conditions, a description of the extent to which it varied from standard conditions (e.g., the qualifications of the person administering the test or the method of test administration) must be included in the evaluation report;
   6. (6) Tests and other evaluation materials include those tailored to assess specific areas of educational need and not merely those that are designed to provide a single general intelligence quotient;
   7. (7) Tests are selected and administered so as best to ensure that if a test is administered to a child with impaired sensory, manual, or speaking skills, the test results accurately reflect the child’s aptitude or achievement level or whatever other factors the test purports to measure, rather than reflecting the child’s impaired sensory, manual, or speaking skills (unless those skills are the factors that the test purports to measure);

   8. (8) No single procedure is used as the sole criterion for determining:

      1. (A) Whether a child is a child with a disability; and
      2. (B) An appropriate educational program for the child;

   9. (9) The child is assessed in all areas related to the suspected disability, including, if appropriate:

      1. (A) Health;
      2. (B) Vision;
      3. (C) Hearing;
      4. (D) Social and emotional status;
      5. (E) General intelligence;
      6. (F) Academic performance;
      7. (G) Communicative status; and
      8. (H) Motor abilities;
   10. (10) In evaluating each child with a disability under 34 C.F.R. §§ 300.304 – 300.306 and this subpart, 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;
   11. (11) The public agency uses technically sound instruments that may assess the relative contribution of cognitive and behavioral factors, in addition to physical or developmental factors; and
   12. (12) The public agency uses assessment tools and strategies that provide relevant information that directly assists persons in determining the educational needs of the child.

Codification Notes: The Individuals with Disabilities Education Act is codified at 20 U.S.C. § 1400 et seq.