Do you have a child with a learning disability or with autism that is
not making academic progress, even though they are getting special
education services? Would you like to know what educational and
related services your child needs in order to learn how to read, or do
other academics? This article will discuss what an Independent
Educational Evaluation (IEE) is, and how you can use one to benefit
your child with a disability.
The definition of an Independent Education Evaluation (IEE) is:
An independent educational evaluation is an evaluation conducted by a
qualified person, who does not work for the school district. Parents
of children with a disability often get IEE’s so that they understand
what educational needs their child has and what services they require.
Most independent evaluations are parent initiated and paid for by the
parent.
Once you have decided to get an IEE, there are several things to
consider about the evaluator:
a. Make sure that they are qualified to perform the educational
evaluation. For Example: a registered Occupational Therapist could
conduct an Occupational Therapy evaluation. If sensory processing
disorder (used to be called sensory integration disorder) is an issue,
make sure that you find a registered Occupational Therapist who is
SIPT certified. If your child has autism, make sure the evaluator
specializes in educational evaluations for children with all types of
autism.
b. Whether this person is now, or ever has been an employee of
your school district. Talk to the person, and make sure that they do
not have a relationship with your school district. Be careful, even if
they used to work for another school district, make sure they are
truly independent, and willing to make recommendations for what your
child needs.
c. Make sure that the evaluator is willing to write a detailed
report, to include recommendations for related and educational
services. Ask the evaluator if they are willing to recommend specific
amount of minutes of service and specific methodology for educational
and related services. If they are not, consider going to a different
evaluator.
Once you have answered these questions, make an appointment and take
your child. Bring up any concerns that you have, and make sure that
you understand what tests will be conducted on your child. When the
report is finished, have the evaluator mail a copy to you. If you have
concerns about what is written, you may contact the evaluator and tell
them your concerns. Make sure recommendations are specific for
minutes, #of times per week, goals, methodology, etc.
Call the school district and set up an IEP meeting to discuss the
results of the IEE. If they request a copy up front, you can give it
to them. If possible, set up with the evaluator, a time that she or he
can participate in the IEP meeting by telephone. By having the
evaluator participate, special education personnel will have a harder
time not including the evaluators recommendations.
At the IEP meeting, if the school personnel will not put the
recommendations in your child’s IEP, they must give you prior written
notice (PWN), as to why they are not willing to accept, the evaluators
recommendations. This notice must include the reason that they are not
accepting the recommendations, and what evaluations they are using to
refuse. If at the IEP meeting the school personnel do include the
recommendations, ask for reimbursement of the independent educational
evaluation.
An independent educational evaluation can be invaluable to your child.
By understanding what your child’s educational and related needs are,
you may be a more effective advocate, for needed educational and
related services. If your child does not receive an appropriate
education their future may be in jeopardy!
By: JoAnn Collins
Posts Tagged ‘Education Evaluation’
Observation by Independent Evaluators for Children in Special Education
October 12th, 2009
Are you the parent of a child with a disability, who will be getting
an Independent Education Evaluation (IEE), for your child? Have you
been told by special education personnel, that the evaluator may not
observe your child in the classroom? This article will discuss the rules
about independent evaluators observing your child in their current
placement.
When school districts conduct evaluations, they usually include an
observation of the child with a disability, in their classroom. This
is one reason, that it is important for independent evaluators to
observe the child in their classroom, as part of an IEE. Another
reason is because special education personnel will challenge any IEE,
where the evaluator has not observed the child in their placement.
Even though school personnel will challenge a parent’s IEE, for lack
of evaluator observation, they often tell parents that their evaluator
is prohibited from observing the child in their classroom.
Some special education personnel blame HIPPA and Ferpa, for the
prohibition, but this is not true. There is nothing in HIPAA, that
prohibits a parent’s evaluator from observing the child in the classroom.
In the court case: JH vs. Henrico County School Board 395 F. 3d. 185
(2005), the court found that an expert needs to observe a child in the
classroom. It would derive from the weight the Court gave to actual
observation of the child in the classroom.
Also in an Office of Special Education Program (OSEP) letter to Mamas,
they confirmed the right to observe, when the district used
observations as part of the evaluation process and referred parents to
state and local policies on observation.
In the Supreme Court Case Schaffer vs. Weast the justices emphasized
that parents should have equal power to school districts, thus
supporting the right to observe. The court also said that “IDEA thus
ensures parental access to an expert who can evaluate all the
materials that the school must make available, and who can give an
independent opinion.”
Courts in the past, have stated that little weight should be given to
parent’s witnesses, who have not observed in the classroom, and
greater weight be given to school district witnesses because they have
extensively observed the child. This is why it is frustrating, when
special education personnel, refuse to allow parents independent
evaluators to observe the child.
If your school district is refusing to allow your independent
evaluator to observe your child in school, send them a letter. Ask for
a written response as to why they are refusing. Take this response,
and file a state complaint, with your state board of education. The state
complaint could state, that your rights and your child’s rights are being
violated, by the school districts prohibition of your independent evaluator
observation.
You can stand up to special education personnel, that tell you lies
and deceptions. Independent evaluators must observe the child in their
current placement, to make the evaluation acceptable to the school
district. This is especially true if you are considering filing for a
due process hearing. If you file, and the school district refuses your
evaluator access to your child’s placement, ask the hearing officer
to make a ruling that will allow your evaluator to observe. Good luck!
By: JoAnn Collins
