Legal Requirements for Evaluation and Assessment:
Essential Content for Legal Requirements
Page 13 of 14
What is a non-discriminatory evaluation and assessment?
Non-Discriminatory Procedures, Federal Regulations [Sec. 303.323]
define the minimum standards for a nondiscriminatory
evaluation and assessment, including using materials
and procedures in the parent’s native language.
Each lead agency shall adopt nondiscriminatory evaluation and assessment
procedures. The procedures must provide that public agencies responsible
for the evaluation and assessment of children and families under this part
shall ensure, at a minimum, that:
(a) Tests and other evaluation materials and procedures are administered
in the native language of the parents or other mode of communication, unless
it is clearly not feasible to do so;
(b) Any assessment and evaluation procedures and materials that are
used are selected and administered so as not to be racially or culturally
(c) No single procedure is used as the sole criterion for determining
a child's eligibility under this part; and
(d) Evaluations and assessments are conducted by qualified
|Federal Regulations [Sec. 303.401]
Definition of Native language
(e) Native language, where used with reference to persons of limited English
proficiency, means the language or mode of communication normally used by the
parent of a child eligible under this part;
Evaluation & assessment, Maryland Regulations: COMAR [13A.13.01.06]
are consistent with federal regulations and give responsibility
to the local lead agency to develop and implement policies
for nondiscriminatory evaluation and assessment, including
giving parents written notice in their native language.
G. Local lead agencies shall develop and implement written procedures to
conduct nondiscriminatory evaluation and assessment of children and families,
consistent with 34 CFR §303.323 (nondiscriminatory procedures).
Procedural safeguards, Maryland Regulations: COMAR [13A.13.01.11.A(4)]
(4) Prior Notice: Native Language
(a) Written prior notice shall be given to the parents of an eligible
child within a reasonable time period, as determined or agreed
to by the parents, before a service provider proposes, or refuses,
to initiate or change the identification, evaluation, or placement
of a child, or the provision of appropriate early intervention
services to the child and the child's family.
(b) The notice shall be in sufficient detail to inform the parents about:
(i) The action that is being proposed or refused;
(ii) The reasons for taking the action; and
(iii) All procedural safeguards that are available under 34 CFR 303.
(c) The notice shall be:
(i) Written in language understandable to the general public;
(ii) Provided in the native language of the parents, unless it is clearly
not feasible to do so.
(d) If the native language or other mode of communication of the
parent is not a written language, the local lead agency shall take
steps to ensure that:
(i) The notice is translated orally or by other means to the
parent in the parent's native language or other mode of communication;
(ii) The parent understands the notice; and
(iii) There is written evidence that the requirements of §A(4)(d)(i)
(iv) of this regulation have been met.
(e) If a parent is deaf, blind, or deaf-blind, or has no written
language, the mode of communication shall be that normally used
by the parent (for example, sign language, Braille, or oral communication).
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