Are you the parent of a young child that you believe may have autism, but special education personnel disagree? Was your child recently tested, by school personnel and you disagree with the test results? Parents are entitled to an Independent Educational Evaluation (IEE’s) at Public expense, under certain circumstances. This article will discuss 6 things that you need to know about IEE’s at public expense.
An IEE is an Independent Educational Evaluation that is conducted by a qualified person who does not work for your school district.
Below are the 6 things that you must know about IEE’s at public Expense;
1. Parents are entitled to an IEE at public expense if they disagree with the school districts evaluation. You may disagree with the tests, how the tests were conducted, the results of the tests, or how the results of the tests were interpreted. If your child was tested and you believe that they have an undiagnosed disability, such as autism, then you would be entitled to an IEE at public expense.
Several areas of disagreement may be included in one IEE at public expense. For Example: If your child needs testing by a Neuro psychologist and an occupational therapy evaluation, these can be handled at the same time, though by different personnel.
2. School personnel may ask you what you disagree with, but they can not require you to answer.
3. If you ask for an IEE at public expense the school district has two choices; either pay for the evaluation, or file for a due process hearing to prove that their evaluation is correct. The problem is, that most states do not state how long special education personnel have to decide, which course they are going to take. If you feel that your school district is taking too much time making a decision, try filing a state complaint with your state special education department.
4. If special education personnel in your district, agree to pay for the IEE at public expense, they must pay for the entire evaluation.
5. In your request for an IEE at public expense include the qualifications that you want the evaluator to have. This is especially critical if you believe that your child needs to be seen by a Neuro psychologist; due to the cost of the evaluation.
Also include in the request the areas that you want tested. IDEA states that school personnel and parents must agree on areas to be tested, but does not state that they must agree on the tests. If the areas to be tested cannot be agreed upon, the school district should file for a due process hearing.
For Example: Because my child’s IQ dropped 40 points I am asking for a comprehensive independent evaluation conducted by a Neuro psychologist to include: testing for any undiagnosed disabilities or neurological problems, IQ testing, academic and functional level testing, adaptive behavior testing. I am also asking for an evaluation with a Registered Occupational Therapist because I disagree with the school’s evaluation.
6. School districts can make criteria for IEE’s at public expense but only under 2 circumstances. A. They must allow for parents to ask for a waiver of criteria if the situation warrants, and B. The criteria must not prevent the parent from getting an IEE at public expense.
An IEE at public expense can help diagnose undiagnosed disabilities, help you figure out what special education and related services your child needs, help you with placement recommendations etc. By knowing these important things about IEE’s at public expense, you will be able to help your child get the services that they need and deserve.
By: JoAnn Collins
Posts Tagged ‘Due Process’
6 Important Things to Know About Special Education – Independent Evaluations at Public Expense
November 21st, 2009Criteria For IEE’s at Public Expense – Can Special Education Personnel Do That?
November 4th, 2009
Are you a parent who is interested in what criteria special education personnel can use for an Independent Educational Evaluation at Public Expense? Have you been denied an IEE at public expense, because you refuse to go along with strict criteria set by your school district? This article will discuss what criteria special education personnel are allowed to set for IEE’s at public expense.
The Office of Special Education Programs does allow school districts to make criteria for IEE’s at public expense if:
a. Parents are allowed to ask for a waiver of the criteria if their child’s disability warrants it, or
b. The criteria do not prevent the parent from getting the IEE at public expense.
Below is a discussion of the criteria that school districts are allowed to set: (Just remember that the criteria cannot prevent the parent from getting the IEE at public expense)
1. Professional qualifications; An independent evaluator must be at least as qualified, as special education personnel, who do the testing in the school district. If you want an independent evaluator who is more qualified than school person, you must put that in your initial request for an IEE at public expense.
A lot of conflict often occurs because parents want their child tested by a Clinical psychologist not a School psychologist; which increases the cost.
If you can prove, that unique circumstances require a clinical psychologist, then your school district may agree. If they do not, they should file for a due process hearing.
2. Cost; A lot of school districts, place very low cost on independent educational evaluations at public expense. A good qualified independent evaluator is going to cost quite a bit, depending on the profession and location. If the evaluation that you want is going to cost more than the amount stated by your school district, tell them that you are asking for a cost waiver because of unique circumstances. They may ask you to list the unique circumstances, which is allowed.
Another issue is that school personnel cannot prevent you from getting an IEE at public expense. If they make the cost too low, then you will not be able to get the evaluation.
3. Geographical; Some school districts want you to stay within a certain geographic area. Again they can do it, if it does not prevent you from getting the evaluation.
Below is criteria school districts are not allowed to set:
1. Pick from this list of Evaluators: This is not allowed by the Office of Special Education Programs which is part of the Department of Education.
2. We will pay but we get to pick the evaluator: Also not allowed by OSEP. On February 20, 2004 OSEP published a policy letter regarding IEE’s at public expense. In this letter OSEP states: It is the parent, not the district, who has the right to choose which evaluator. . .will conduct the evaluation.
3. If you want an IEE at public expense you must file for a due process hearing. The Individuals with Disabilities Education Act (IDEA) is clear; either school districts pay for the evaluation of they file for a due process hearing to prove that their evaluation is correct. This is important because in some states the burden of proof at due process rests on the party that files.
4. We want to determine specifically what tests are done. IDEA states that parents and school districts must agree on areas to be tested, not on the tests themselves. If an agreement cannot be reached then special education personnel must file for a due process hearing.
By understanding what criteria special education personnel can make for an IEE at public expense, you will be in a better position to get an IEE at public expense for your child.
By: JoAnn Collins
