[Code of Federal Regulations]
[Title 38, Volume 2]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 38CFR18.435]

[Page 27-28]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
          CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS (CONTINUED)
 
PART 18_NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF THE DEPARTMENT OF 
 
          Subpart D_Nondiscrimination on the Basis of Handicap
 
Sec. 18.435  Evaluation and placement.

    (a) Preplacement evaluation. A recipient that operates a public 
elementary or secondary education program or activity shall conduct an 
evaluation of any qualified person who, because of handicap, needs or is 
believed to need special education or related services before taking any 
action concerning the initial placement of the person in regular or 
program special education and any subsequent change in placement.
    (b) Evaluation procedures. Elementary, secondary, and adult 
education programs or activities that receive Federal financial 
assistance shall establish standards and procedures for the evaluation 
and placement of persons who, because of handicap, need or are believed 
to need special education or related services which ensure that:
    (1) Tests and other evaluation materials have been validated for the 
specific purpose for which they are used and are administered by trained 
personnel in conformance with the instructions provided by their 
producer;
    (2) Tests and other evaluation materials include those tailored to 
assess specific areas of educational need and not merely those which are 
designed to provide a single general intelligence quotient; and
    (3) Tests are selected and administered to best ensure that, when a 
test is administered to a student with impaired sensory, manual, or 
speaking skills, the test results accurately reflect the student's 
aptitude or achievement level or whatever other factor the test purports 
to measure, rather than reflect the student's impaired sensory, manual, 
or speaking skills (except where those skills are the factors that the 
test purports to measure.)
    (c) Placement procedures. In interpreting evaluation data and in 
making placement decisions, a recipient shall:
    (1) Draw upon information from a variety of sources, including 
aptitude and achievement tests, teacher recommendations, physical 
condition, social or cultural background and adaptive behavior;
    (2) Establish procedures to ensure that information obtained from 
all sources is documented and carefully considered;
    (3) Ensure that the placement decision is made by a group of 
persons, including persons knowledgeable about

[[Page 28]]

the student, the meaning of the evaluation data and the placement 
options; and
    (4) Ensure that the placement decision is made in accordance with 
Sec. 18.434.
    (d) Reevaluation. A recipient to which this section applies shall 
establish procedures, in accordance with paragraph (b) of this section, 
for periodic reevaluation of students who have been provided special 
education and related services. A reevaluation procedure consistent with 
the Education for the Handicapped Act is one means of meeting this 
requirement.

[45 FR 63268, Sept. 24, 1980, as amended at 68 FR 51370, Aug. 26, 2003]