According to 34 § CFR 300.304 Evaluation procedures. (c) Other evaluation procedures. "Each public agency must ensure that –
(1) Assessments and other evaluation materials used to assess a child under this part -
(i) Are selected and administered so as not to be discriminatory on a racial or cultural basis;
(ii) Are provided and administered in the child's native language or other mode of communication and in the form most likely to yield accurate information on what the child knows and can do academically, developmentally, and functionally, unless it is clearly not feasible to so provide or administer;
(iii) Are used for the purposes for which the assessments or measures are valid and reliable;
(iv) Are administered by trained and knowledgeable personnel; and
(v) Are administered in accordance with any instructions provided by the producer of the assessments."
When an interpreter is used during testing, the interpreter should be fluent in both the language of the test and the examinee’s native language, should have expertise in translating, and should have a basic understanding of the assessment process. Although individuals with limited proficiency in the language of the test should ideally be tested by professionally-trained bilingual examiners, the use of an interpreter may be necessary in some situations. If an interpreter is required, the professional examiner is responsible for ensuring that the interpreter has the appropriate qualifications, experience, and preparation to assist appropriately in the administration of the test. It is necessary for the interpreter to understand the importance of following standardized procedures, how testing is typically conducted, the importance of accurately conveying to the examiner an examinee’s actual responses, and the role and responsibilities of the interpreter in testing.