Kan. Admin. Regs. § 91-40-9
Current through Register Vol. 43, No. 49, December 5, 2024
Section 91-40-9 - Evaluation procedures(a) If assessment instruments are used as a part of the evaluation or reevaluation of an exceptional child, the agency shall ensure that the following requirements are met: (1) The assessment instruments or materials shall meet the following criteria: (A) Be selected and administered so as not to be racially or culturally discriminatory; and (B) be 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 this is clearly not feasible. (2) Materials and procedures used to assess a child with limited English proficiency shall be selected and administered to ensure that they measure the extent to which the child has an exceptionality and needs special education, rather than measuring the child's English language skills. (3) A variety of assessment tools and strategies shall be used to gather relevant functional and developmental information about the child, including information provided by the parent, and information related to enabling the child to be involved and progress in the general curriculum or, for a preschool child, to participate in appropriate activities that could assist in determining whether the child is an exceptional child and what the content of the child's IEP should be. (4) Any standardized tests that are given to a child shall meet the following criteria: (A) Have been validated for the specific purpose for which they are used; and (B) be administered by trained and knowledgeable personnel in accordance with any instructions provided by the producer of the assessment. (5) If an assessment is not conducted under standard conditions, a description of the extent to which the assessment varied from standard conditions shall be included in the evaluation report. (6) Assessments and other evaluation materials shall include those that are tailored to assess specific areas of educational need and not merely those that are designed to provide a single general intelligence quotient. (7) Assessments shall be selected and administered to ensure that if an assessment is administered to a child with impaired sensory, manual, or speaking skills, the results accurately reflect the child's aptitude or achievement level or whatever other factors the assessment purports to measure, rather than reflecting the child's impaired sensory, manual, or speaking skills, unless those skills are the factors that the assessment purports to measure. (8) A single procedure shall not be used as the sole criterion for determining whether a child is an exceptional child and for determining an appropriate educational program for the child. (9) Each agency shall use assessment tools and strategies that provide relevant information that directly assists persons in determining the educational needs of the child. (b)(1) Each child shall be assessed in all areas related to a suspected exceptionality, including, if appropriate, the following: (D) social and emotional status; (E) general intelligence; (F) academic performance; (G) communicative status; and (2) Each evaluation shall be 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. (c) If a child is suspected of having a specific learning disability, the agency also shall follow the procedures prescribed in K.A.R. 91-40-11 in conducting the evaluation of the child. Kan. Admin. Regs. § 91-40-9
Authorized by K.S.A. 2007 Supp. 72-963; implementing K.S.A. 2007 Supp. 72-986; effective May 19, 2000; amended May 4, 2001; amended March 21, 2008.