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Tests, Measurements, and All That Jazz

Mastery of special education legal issues requires knowledge of several things:

It also requires a good appreciation of the following:

  • How a particular disability impacts the student’s education at school;
  • The different tests that have been designed to measure the student’s deficiencies;
  • How these tests differ from each other; and
  • What is being measured and what the scores indicate.

Practicing attorneys will be well versed in any particular area of law that they focus on. Procedural issues are usually straightforward in most cases. But perhaps the most challenging aspect of trying special education cases is understanding the different tests that psychologists utilize and what the scores indicate.

In every special education case, attorneys must constantly ask: (1) What test was implemented? (2) Why was this test implemented? (3) Are we sure that this is the right test? (4) Why not this test or that test? (5) What does the test measure? (6) How do these numbers (scores) explain the student’s deficiencies? (7) How can we show that this test or that test is a better measurement of the student’s deficiencies? (8) Shouldn’t more tests be conducted? (9) Should we get another evaluation? (10) Where do we go from here?

Since there are many different types of learning disabilities, the science and math of the various tests that are designed to detect a child’s learning disability require considerable time to grasp.

But understanding each specific test is not an easy task. There are hundreds, if not thousands, of tests. Our understanding is compounded by new tests that somehow appear out of thin air, as well as new test versions that replace old versions.

A young student listens to instructions.

Consider, for example, the types of tests that psychologists may give to a student suspected of having dyslexia: Wide Range Achivement Test (WRAT), Woodcock-Johnson Test (WJR), Peabody Individual Achievement Test Revised (PIAT-R), Woodcock Reading Mastery Test Revised, Gray Oral Reading Test (GORT), Slosson Oral Reading Test Revised (SORT-R), Comprehensive Test of Phonological Processing (CTOPP), among others.

What are the differences between all of these tests? Well, there are many theories. And this is why it is important to learn as much as we can about these tests, understand as much as we can about the limits of each test, and ask psychologists as many questions as we possibly can to gain as good an understanding as possible.

A great starting point to learn about the different tests that are available for specific (suspected) disabilities may be found at Test Reviews Online. More information about each specific test may be found at the List of Tests. WrightsLaw’s Assessments, Evaluations, and Tests, which contains an extensive list of articles, will help lay down the groundwork for understanding how your child performed on his or her tests.

In addition, I highly recommend reading Jennifer Laviano’s five important tips about tests and measurements (see below with links). Jennifer is a special education attorney who practices in Connecticut and blogs extensively on special education issues. Jennifer’s five tips are outstanding, and her blog articles are worth the read:

Tip #1: Pay Attention to Subtests

Tip #2: Don’t Compare Apples to Oranges

Tip #3: Be Suspicious of Strict Rules of Eligibility

Tip #4: Learn About Rating Scales

Tip #5: Use the Right Assessment Tool

Unless a special education attorney was once a psychologist in a past lifetime, special education attorneys cannot be familiar with all of the tests that are available and cannot be expected to explain the discrepancies between scores or between tests. However, we can certainly learn as much as we can by consulting with as much material as possible, talking with other special education attorneys, attending seminars and conferences, talking with school psychologists who performed the initial testing, talking with independent psychologists who performed the Individual Educational Evaluation, and/or examining witnesses at due process hearings.

Having said that, it is extremely important that parents of children with learning disabilities understand psychoeducational testing. Every child with a learning disability depends on someone who can implement the right test and interpret the scores accurately. Who better than parents to ensure that their children have been tested properly and are making progress on a year-to-year basis?

Learning about the different tests and what the scores mean are not easy tasks. But it is do-able. Learn what you can. A little knowledge will go a long way.

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