Are you the parent of a child with autism or a learning disability that needs an Independent Educational Evaluation (IEE), to determine their educational needs or services? Have you heard that parents can ask special education personnel in their school district to pay for an IEE at public expense? This article will discuss the 5 IDEA (the Individuals with Disabilities Education Act) requirements for an IEE at public expense.
1. IDEA 300.502 under (b) (1) states that parents “Have the right under this part to obtain an independent educational evaluation at public expense if the parent disagrees with the evaluation obtained by the public agency.”
2. Special education personnel may ask why you disagree with their evaluation, but they cannot require you to give an explanation of what you disagree with. In fact I recommend not telling them what you disagree with, because they may try and limit the IEE.
3. IDEA 300.502 (b) (2) states “that if a parent requests an independent educational evaluation at public expense, the public agency must without unnecessary delay either; 1. File for a due process hearing to show that its evaluation is appropriate, or 2. Ensure that an independent educational evaluation is provided at public expense. . .”
4. IDEA 300.502 (5) (e) states “If an IEE is at public expense, the criteria under which the evaluation is obtained, including the location of the evaluation and the qualifications of the examiner, must be the same as the criteria that the public agency uses when it initiates an evaluation, to the extent those criteria are consistent with the parent’s right to an IEE.” Many school districts try and put a lot of criteria on parents for IEE’s at public expense. For Example: geographic, cost, name of evaluator must be on a list etc.
5. Except for the criteria in 4 above, school districts may not impose other conditions or timelines on the IEE at public expense.
The Office of Special Education Programs (OSEP) has stated, that school districts may develop criteria for IEE’s at public expense; with these two exceptions.
a. The school district cannot make criteria, that prevent the parent from getting an IEE at public expense. For Example: If you live in a small town, with no available evaluators, and your district states that the evaluation must be done within 30 miles; it would be impossible for you to find an evaluator. Or the special education personnel make the cost so low that you cannot find anyone to evaluate your child. This may prevent you from getting the IEE at public expense, so stand up to special education personnel.
b. School districts must allow parents, to prove that their child’s circumstances are unique, and require a waiver of the criteria. For Example: If you feel that your child needs to be seen by a Clinical Psychologist, the cost is probably going to be more than a psychologist would charge. If you can prove unique circumstances, why your child needs to be evaluated by a Clinical Psychologist, then the school district is supposed to pay for the Clinical Psychologist. Whether a school district is willing to do that, without a due process hearing, depends on your school district.
Remember any criteria that a school district makes for an IEE at public expense must not prevent the parent from getting the IEE; and they must allow for waiver of criteria if the child’s circumstances require it. A good independent evaluation can benefit your child by determining their disabilities or educational and related service needs.
By: JoAnn Collins
Posts Tagged ‘Iee’
5 IDEA Requirements for Independent Evaluations at Public Expense
January 16th, 20106 Important Things to Know About Special Education – Independent Evaluations at Public Expense
November 21st, 2009
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
