Hector and his family came to the United States from Cuba last year. Hector speaks only Spanish and seems unable to learn English despite extended help from an ELL teacher. He is failing all subjects in second grade except for Art and P.E. He was recently evaluated for the possibility of intellectual disability. The school psychologist administered an intelligence test in Spanish. Scores indicate that Hector has significant cognitive delays. Based on the findings, the IEP team is recommending that Hector receive special education services as a student with an intellectual disability. Did Hector receive a nondiscriminatory evaluation as required by IDEA?

Hector's main problem is his inability to speak English and this has been affecting his performance in other subjects. He was then administered an intelligence test in Spanish; a language he understands and speaks fluently. It is required by the IDEA for such test to be administered in the language best understood by the child, and this was done. Hence the evaluation was nondiscriminatory as required by the IDEA.