| Special education laws have had a substantial impact | | | | criterion for determining an appropriate educational |
| on bilingual special education. The Individuals with | | | | program for a child. Alternative procedures should be |
| Disabilities Education Act (IDEA), originally passed in | | | | used when standardized tests are not considered |
| 1975 and reauthorized in 2004, governs special | | | | appropriate (e.g., with culturally and linguistically diverse |
| education services in public schools. The law protects | | | | students). A comprehensive evaluation should include |
| the rights of students with disabilities and their families | | | | an analysis of the instructional setting and the child's |
| and tries to ensure that ELLs are assessed fairly. The | | | | instructional history. |
| law includes numerous provisions outlined below. | | | | 4. Exclusionary criteria: A student should not be labeled |
| 1. Informed consent: Schools must obtain written | | | | if the academic struggles are primarily the result of |
| informed consent from parents or guardians to | | | | environmental, cultural, or economic disadvantage. IDEA |
| evaluate a student. Parents must be fully informed of | | | | 2004 adds that a child should not be found to have a |
| their rights, any records to be released and to whom, | | | | disability if the determinant factor is poor instruction in |
| and the nature and purpose of the evaluation. Parents | | | | reading or math, or limited English proficiency. |
| or guardians must be informed in their native language | | | | 5. Nondiscriminatory assessment: Assessments should |
| or primary mode of communication. | | | | be (a) selected and administered so as not to be |
| 2. Multidisciplinary team: Students should be assessed | | | | racially or culturally discriminatory; (b) provided and |
| by a team of professionals with varied areas of | | | | administered in the child's native language or other |
| expertise according to the student's individuals needs. | | | | mode of communication and in the form most likely to |
| The team should include at least one general education | | | | yield accurate information on what the child knows and |
| teacher and one special education teacher. For English | | | | can do academically, developmentally, and functionally, |
| language learners, the team should include someone | | | | unless it is clearly not feasible; (c) used for the |
| with expertise in the language acquisition process. | | | | purposes for which the assessments are valid and |
| 3. Comprehensive evaluation: Before an initial | | | | reliable; (d) administered by trained and knowledgeable |
| placement, the multidisciplinary team must conduct a | | | | personnel; and (e) administered in accordance with any |
| complete assessment in all areas of suspected | | | | instructions provided by the producer of the |
| disability. No single procedure can be used as the sole | | | | assessments. |