4 IDEA Principle – Nondiscriminatory Evaluation

The Individuals with Disabilities Education Act (IDEA) requires that individuals be evaluated for special education services in a manner that is nondiscriminatory, equitable, and culturally responsive.

federal law

IDEA §1414. Evaluations, parental consent, and reevaluations

This section of IDEA provides specific information about procedures for initial evaluations, re-evaluations, parental consent requirements, and use of evaluations to determine eligibility for special education services.

IDEA Regulations § 303.113 provides a definition of nondiscriminatory evaluation and what it includes.

LITIGATION

PASE v. Hannon (1980) – This primary complaint in this case was that standard intelligence (IQ) tests were culturally biased against black individuals. The plaintiffs in this case were two black individuals in Chicago Public Schools who were placed in “educable mentally handicapped (EMH)” classrooms as a result of their scores on standard intelligence tests . The individuals had learning disabilities but were diagnosed as mentally retarded due to IQ test scores. A future evaluation determined that both individuals had a  normal range of intelligence, after these individuals already spent several years in an EMH classroom. The court felt examining specific test items were necessary to determine if bias existed. The court reviewed test items in the WISC-R, WISC, and Stanford-Binet. The ruling was that IQ tests are not culturally-biased in totality. While some items may have bias due to lack of exposure or experience, the test as a whole was ruled not biased. It was further confirmed that non-discriminatory evaluation is a process that includes information from a variety of sources and not a singular IQ test.

Hobson v. Hansen (1967) – In this federal case, the plaintiff (Hobson) claimed that the DC public school system (Superintendent Hansen) was maintaining segregation and therefore unequal access to educational opportunities through policies that leveraged standardized testing and discriminatory tracking of black and economically disadvantaged individuals. Although Hobson’s initial claim was prompted by his own observation of his middle school aged daughter being placed in the “basic” track, data presented during the case revealed clear patterns of discrimination based on class and race. Standardized testing was particularly implicated as an unfair means of assessing individuals’ aptitude. Ultimately, the court sided with Hobson, and went beyond reaffirming the unconstitutionality of legal segregation as established by Brown v. Board of Education by emphasizing that de facto segregation is similarly unconstitutional. The court further required that DC schools eliminate their system of tracking individuals and take steps to integrate schools and school faculty.

Larry P. v. Riles (1972) – In Larry P. v. Riles, parents of six black elementary aged individuals filed suit against the California Board of Education. The central claim in this case was that black individuals were being disproportionately identified for special education services in California under the label of “educable mentally retarded” (EMR; now referred to as mild intellectual disabilty) based on discriminatory intelligence testing. individuals found to be belonging to this disability category were subsequently determined to be unable to learn in a general education classroom, thus significantly limiting or eliminating their access to this learning environment and curriculum. In turn, this, the plaintiffs argued, led to increased disparities in educational and economic opportunity. The court found for the plaintiffs, affirming that IQ testing was culturally biased against black individuals and banned IQ testing from being solely used for determining eligibility for “EMR” classes. IQ testing continues to be eliminated from evaluations conducted for the eligibility of black individuals for special education services in California.

resources

The Virginia Early Intervention Professional Development Center (VEIPD) offers a variety of handouts, articles, presentations, tools, videos, and websites focused on non-discriminatory evaluation.
The Early Childhood Technical Assistance Center provides a variety of resources around evaluation including checklists, practice evaluation guides for practitioners and families with videos embedded.

This episode of the  Radiolab Podcast – G: The Miseducation of Larry P (part of a 6-episode series on the ethics of intelligence testing) investigates why California does not use IQ tests with students who are Black based on the case of Larry P. v. Riles.

Use or edit the Evaluation PowerPoint slides to present information or share notes.

The Classroom provides a definition, what nondiscriminatory evaluation includes, and what this looks like within various types of assessment .

Best Practices in Nondiscriminatory Assessment  is an article related to best practice in nondiscriminatory evaluation

The Essentials of Eligibility and Evaluation of Young Children VDOE Webinar

ACTIVITIES

The VEIPD provides a video of an IFSP team conducting an evaluation and initial IFSP meeting that can be used as an individual or class activity. It includes a Video Reflection Guide to help facilitate discussion.

Inclusion IEP and Special Needs provides overview of six components with activities to review each.

Discussion Questions:

• What is nondiscriminatory evaluation and why is it important?
• Provide a summary and the implications of each court case regarding nondiscriminatory evaluation.
• What barriers and solutions exist to ensure nondiscriminatory evaluation?