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In this article, we discuss conflict between law and science relative to the presumption in special education law that multidisciplinary teams and others identify the causes of problems giving rise to special education needs. First, we explain eligibility criteria, highlighting ambiguities therein and why criteria constitute a mandate for causal inference, and present illustrative examples of how judges have interpreted this mandate. Second, we discuss as a counterpoint school psychologists' ethical duties to conduct evaluations based on the best available science, and highlight the clear conflicts between the law, ethics, and research. We present the biopsychosocial model of development as a potential framework for reconciling one's legal duty to infer causation with the current evidence base. We conclude with implications for policy and practice and suggestions for future research. [ABSTRACT FROM AUTHOR]

Past researchers suggested there are a number of shortcomings in the psychoeducational evaluation process and practices used with English language learners (ELLs). In the present exploratory study, the authors descriptively examined the assessment practices used in the special education eligibility determination process for ELLs as documented in 34 psychoeducational evaluation reports in one southwestern state. The authors reviewed psychoeducational evaluation reports prepared by school psychologists to determine (a) the extent to which school psychologists adhered to legal and ethical guidelines in the evaluation of ELLs for special education eligibility and needs and (b) how school psychologists account for cultural and linguistic differences in the evaluation process. Results indicated that school psychologists rarely used culturally and linguistically responsive practices such as the use of interpretation and translation services and language proficiency data, as well as limited adherence to legal and ethical recommendations. We address implications for training and practice. [ABSTRACT FROM AUTHOR]