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(2.46) Did CDE take specific action to implement Larry P.?

(2.46) Did CDE take specific action to implement Larry P.?

The California Department of Education issued a statewide directive to all state special educators to clarify the use of IQ tests in the assessment of African-American students for special education services.  The key components of the directive are:

  1. School districts are not to use intelligence tests in the assessment of African-American students who have been referred for special education services;
  2. In lieu of IQ tests, districts should use alternative means of assessment to determine identification and placement (such as assessment of the student’s personal history and development, adaptive behavior, classroom performance, academic achievement, and evaluative instruments designed to point out specific information relative to a student’s abilities and inabilities in specific skill areas);
  3. An IQ test may not be given to an African-American student even with parental consent;
  4. When a school district receives records containing test protocols from other agencies…or independent assessors, these records shall be forwarded to the parent.  IQ scores contained in the records shall not become a part of the student’s current school records;
  5. There are no special education related purposes for which IQ tests shall be administered to African-American students;
  6. IQ tests shall not be used to determine whether an African-American student is learning disabled, because it is possible that the resulting score could subsequently result in the student’s being identified as having an intellectual disability;
  7. The prohibition on IQ testing applies even though students are no longer placed in special day classes designated EMR;
  8. This directive supersedes all previous notices as to the meaning and effect of the Court’s decision in Larry P. v. Riles.  [CDE, Larry P. Directive, 1986.]