Page:United States Statutes at Large Volume 118.djvu/2735

 118 STAT. 2705 PUBLIC LAW 108–446—DEC. 3, 2004 ‘‘(ii) the content of the child’s individualized edu cation program, including information related to enabling the child to be involved in and progress in the general education curriculum, or, for preschool chil dren, to participate in appropriate activities; ‘‘(B) not use any single measure or assessment as the sole criterion for determining whether a child is a child with a disability or determining an appropriate edu cational program for the child; and ‘‘(C) use technically sound instruments that may assess the relative contribution of cognitive and behavioral factors, in addition to physical or developmental factors. ‘‘(3) ADDITIONAL REQUIREMENTS.—Each local educational agency shall ensure that— ‘‘(A) assessments and other evaluation materials used to assess a child under this section— ‘‘(i) are selected and administered so as not to be discriminatory on a racial or cultural basis; ‘‘(ii) are provided and administered in the language and form most likely to yield accurate information on what the child knows and can do academically, developmentally, and functionally, unless it is not fea sible to so provide or administer; ‘‘(iii) are used for purposes for which the assess ments or measures are valid and reliable; ‘‘(iv) are administered by trained and knowledge able personnel; and ‘‘(v) are administered in accordance with any instructions provided by the producer of such assess ments; ‘‘(B) the child is assessed in all areas of suspected disability; ‘‘(C) assessment tools and strategies that provide rel evant information that directly assists persons in deter mining the educational needs of the child are provided; and ‘‘(D) assessments of children with disabilities who transfer from 1 school district to another school district in the same academic year are coordinated with such chil dren’s prior and subsequent schools, as necessary and as expeditiously as possible, to ensure prompt completion of full evaluations. ‘‘(4) DETERMINATION OF ELIGIBILITY AND EDUCATIONAL NEED.—Upon completion of the administration of assessments and other evaluation measures— ‘‘(A) the determination of whether the child is a child with a disability as defined in section 602(3) and the edu cational needs of the child shall be made by a team of qualified professionals and the parent of the child in accord ance with paragraph (5); and ‘‘(B) a copy of the evaluation report and the documenta tion of determination of eligibility shall be given to the parent. ‘‘(5) SPECIAL RULE FOR ELIGIBILITY DETERMINATION.—In making a determination of eligibility under paragraph (4)(A), a child shall not be determined to be a child with a disability if the determinant factor for such determination is—

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