One concern identified is the over-reliance on standardized tests in order to distinguish disability. This often leads to the second concern: the over referral and placement of culturally and linguistically diverse children in special education. Federal and state law requires the use of assessment materials, which are valid, reliable, and free of bias. New York State specifically requires evaluators to use more than one method of data collection during assessment. They are also required to consider the child’s cultural, linguistic, and socioeconomic background as well as how that may affect the prior knowledge they bring to the evaluation process. Scores obtained from translated tests are prohibited.