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Legal Resources | Title 5 |  T5  3023  

Assessment and Reassessment   

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(a) In addition to provisions of Education Code sections 56320 and 56381, assessments and reassessments shall be administered by qualified personnel who are competent in both the oral or sign language skills and written skills of the individual's primary language or mode of communication and have a knowledge and understanding of the cultural and ethnic background of the pupil. If it clearly is not feasible to do so, an interpreter must be used, and the assessment report shall document this condition and note that the validity of the assessment may have been affected.

(b) The normal process of second-language acquisition, as well as manifestations of dialect and sociolinguistic variance shall not be diagnosed as a disabling condition.

Authority cited:

Education Code 56100

Reference:

Education Code 56001

Education Code 56320

Education Code 56324

Education Code 56327

Education Code 56381

34 C.F.R. 300.304

34 C.F.R. 300.305

34 C.F.R. 300.310

(Amended by Register 2014, No. 19.)