Special Education » Independent Educational Evaluation

5 IDEA Requirements for Independent Evaluations at Public Expense

admin — Sat, 16 Jan 2010 18:20:09 +0000

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

Parenting Tips – 3 Tips On Finding An Independent Evaluator For Your Child With A Disability

admin — Tue, 29 Dec 2009 05:11:00 +0000

Are you the parent of a child with a disability, who would like to
have an independent educational evaluation (IEE) performed on your
child, but don’t know how to find an evaluator? Would you like to
learn about resources that can help you find a qualified independent
evaluator. This article will discuss 3 tips on finding a qualified
evaluator to perform an IEE on your child.

Tip 1: Ask other parents that have children with disabilities, if
they have any names of qualified evaluators. Make sure that the
evaluator is qualified, to test your child, in the areas that they
need to be tested. Parents often discuss various issues about special
education, including educational evaluators they have used. In my
state of Illinois parents often pass around names of evaluators that
are child and parent friendly. Try looking for parents that have
children with similar disabilities to your child. For example: if your
child has autism, ask other parents for evaluators that specialize in
children with autism. Large University hospitals often have clinics
for children with all autism spectrum disorders.

Tip 2: Try calling a Parent Training and Information Center (PTIC), or
a Center for Independent Living (CIL), and ask if they have a list of
qualified evaluators. A list of all PTIC’s in the USA can be found in
Appendix E of the book From Emotions to Advocacy by Pam and Peter
Wright. The book can be found at http://www.wrightslaw.com. A Center for
Independent Living in your area can be found at
http://www.virtualcil.net/cils. Most PTIC’s and CILS have people trained in
special education, to help parents.

Tip 3: Check out your state board of education’s Web site, and see if
they have a list of Independent Educational Evaluators. Be careful
though, because some of the names may be past school employees. If you
would like to use someone on the list, check with other parents to see
if they know them, and if they know whether they are willing to stand
up to school districts, for children with disabilities. In Illinois
where I live, many of the child and parent friendly evaluators are not
on the list. It is an option, though, to at least get a few names.

Since you have decided to get an Independent Educational Evaluation
for your child, the person you pick is critical. If you pick a person
that is not qualified to conduct the evaluation, then the evaluation
will not help your child. Also, if you pick an evaluator that is not
willing to stand up to special education personnel, this will not
benefit your child either. Take your time, and find an evaluator that
will help you determine what your child’s educational and related
service needs are. Your child is worth the time!

By: JoAnn Collins

7 Things You Can Do This Summer to Benefit Your Child Receiving Special Education Services

admin — Thu, 17 Dec 2009 03:17:34 +0000

Are you glad that summer is finally here, and wondering what you can do to prepare for your child’s next school year? Would you like to learn about a few things you can do in the summer time that will benefit your child’s education? This article will discuss 7 easy to do things, that will help you prepare for your child receiving special education services, next school year.

1. Get an independent educational evaluation (IEE) on your child. A lot of times it may take a while to get an appointment, so make the appointment quickly. An IEE can help you learn what services your child needs, if they have any undiagnosed disabilities, goals that need to be worked on etc.If your child has autism, try and get someone who is familiar with autism. You could start your child’s new school year on a good foot!

2. Attend a training on special education issues especially on the Individuals with Disabilities Education Act (IDEA). Training opportunities can be found in your community, by calling different disability organizations. Try finding a parent information and training center (PTIC), every state has them.

3. Read a book on special education advocacy. Amazon has a lot of them, including my own; Disability Deception.

4. Try and meet other parents of children with disabilities in your area. Disability organizations in your area may be able to help you find a parent group. Also, try the Internet, lots of parent groups online!

5. Go through your child’s school records, and organize them into binders for easy finding. Then you will start the school year with organized school records!

6. After going through your child’s school records, determine if you need to beef up the documentation. Summertime is a good time to send letters so that your child’s record is well documented. Most special education directors or coordinators work year round, so are available to receive and answer correspondence.

7. Take time to enjoy your summer and your child! A refreshed parent is more able to advocate for needed special educational services! Have Fun!

By doing these things you will ensure that your child is off to a great start for next school year. Enjoy!

By: JoAnn Collins

6 Important Things to Know About Special Education – Independent Evaluations at Public Expense

admin — Sat, 21 Nov 2009 06:19:37 +0000

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

3 Things To Do Before You File For A Special Education Due Process Hearing

admin — Thu, 12 Nov 2009 20:38:51 +0000

Are you considering filing for a due process hearing, to resolve a dispute between yourself and special education personnel, about your child with autism? Would you like to learn 3 things that need to be done before you file? This article will discuss 3 important things that you must do before you file for a due process hearing. This will help you be prepared for filing, and increase your chances of winning.

1. Make sure that you have been documenting everything that happens, to your child at school, especially anything that helps your case. Write as many letters as you need to, to document what you have asked for as well as any evidence that you have. If you have not included letters or other type of documentation in your child’s school record, you can start now.

Write a letter immediately to the special education person in your district. Put what you are asking for, what educational and related services that you think your child needs, the evidence for these services etc. Also put recollections of conversations with special education personnel that document your case.

2. Go to your district office and ask to see a complete copy of your child’s school record. Some districts require an appointment, call and ask. Ask for temporary, permanent, internal memos, e mails, audio and video recordings, anything with your child’s name on it. Ask for copies of anything you do not have, and anything that helps your case. Most states require that parents get a complete copy of their child’s records when they file for due process. But by looking at the records, you can ensure that something that helps your case, is not left out.

3. You must get an Independent Educational Evaluation (IEE), before you file for a due process hearing. This way, you will know what the specific issues are, and you will know what resolutions to ask the hearing officer for (in other words, what services your child needs). IDEA 2004 only allows changing of due process issues if the school and hearing officer agree.

By knowing what things you must do before you file for a due process hearing, you will be prepared, in case you decide to file. Good luck!

By: JoAnn Collins

What Is Due Process For Special Education – And What Information Do I Need To Know?

admin — Wed, 11 Nov 2009 06:25:14 +0000

Have you had a dispute with special education personnel, and wonder if a due process hearing will resolve it? Have you heard that parents have difficulty during due process, and should try to avoid it? This article will discuss due process hearings for special education, and important things you need to know about the process.

Due Process is a conflict resolution process, where parents and school personnel bring evidence in front of a hearing officer, who makes a decision on who wins. Due process is not a court hearing, but an administrative hearing. Due Process is a tough, adversarial process, but it is possible for parents to prevail. You should keep your issues few and simple. Below is a list of things that you must know about due process:

1. Before you file for a due process hearing, you must take your child to get an independent educational evaluation (IEE). You cannot win a due process hearing, without a detailed report, from a independent person in the field. If your child has autism, try and find a person who specializes in autism.

The person, who conducts the evaluation, must also testify, at the due process hearing. The report will be entered into evidence as part of your case. The person may testify by telephone, make sure that the due process sight includes a telephone with a conference call feature.

2. After you file for due process, have little verbal contact with special education personnel. Keep your communication in writing, as much as possible.

3. Some school personnel try and retaliate against parents for filing for a due process hearing. By keeping communication in writing, this may cut down on some of the verbal retaliation. In fact, I would expect retaliation, and be surprised if it doesn’t happen. Try and meet other parents who have gone through due process, to help you prepare and also with the emotional difficulties, associated with due process.

4. Once a hearing officer is appointed, they may not have contact with one party without the other party present. This is called ex parte communication, and is not allowed under the due process rules. If you need to speak to the hearing officer, call the school districts representative, and you can have a three party phone call.

5. Due process requires pre hearing conferences be held between parents, school personnel, and the hearing officer. Most times these are done by telephone; which makes it easier for everyone. The conferences set up the issues, date, time of the hearing, witnesses, if you need a telephone for witnesses that will be testifying by telephone.

6. You need to understand, that some states are one party due process states and some states are two due process party states. One party means that the state board of education hires the hearing officers. In Illinois, where I live, we are a one party due process state. In a two party state the school district hires the hearing officer, and the person who loses can appeal to the second state level. I understand that New York is a two party state. Check with your state board of education on which due process party your state uses.

7. You may be able to conduct the due process hearing yourself, or with the help of an experienced advocate. Keep the case simple! Check with local disability organizations to see if they have advocates who help with due process. Also try and meet parents who have experience with due process, their own or another parents.

This article has helped you learn some important information about due process. This will help you make a decision about whether you will file for a due process hearing. Good luck in your advocacy efforts!

By: JoAnn Collins

Special Education Advocates Role in Advocating For Children With Disabilities

admin — Sun, 08 Nov 2009 10:47:39 +0000

Are you the parent of a child with autism or other disability? Would you like to know what an advocate does in the special education process? Do you wonder if a special education advocate could help you in fighting for needed services, for your child? This article will explain what the role of a special education advocate is, and whether they could help you advocate for a free appropriate public education (FAPE) for your child.

There is currently no certification for special education advocates! This is the reason why it is sometimes difficult to find one that is knowledgeable, and has expertise in special education.

The role of a special education advocate is to:

1. Have a working knowledge of state and federal laws that cover special education, and know how to use them to advocate for children. Federal law is Individuals with Disabilities Education Act (IDEA). Each state is required to have a law that must comply with IDEA.

2. Understand different types of disabilities and have experience advocating for children of different disabilities

3. Take time to know the child, and work with the parent to determine what services and placement a child needs, and advocate for them! This may require the parent getting an independent educational evaluation with a qualified evaluator.

4. Educate parents as to research based practices, as well as best practices. IDEA requires, that curriculum and programs be scientifically research based, which parents need to understand.

5. Have knowledge of different school districts and also how to advocate with different personalities of special education personnel. People are all different and the advocate must understand the best way to deal with the different personalities.

6. Act in a professional manner, whenever possible, to help parents get needed special education services and placements for their child. A good advocate is firm and refuses to back down when intimidated by special education personnel.

7. Teach parents advocacy skills so that they may learn how to advocate for their child!

A special education advocate can be extremely helpful in advocating for your child. If you think an advocate could help you check out your local disability organizations, and see if they have an advocate on staff. Check organizations such as a Center of Independent Living, Parent Training and Advocacy Centers (available in all states). If you hire a private advocate make sure you check their credentials, and make sure that they have experience with children with your child’s type of disability. This will ensure that the advocate understands what your child needs, and will be able to advocate for them.

By: JoAnn Collins

Special Education – How to Use an Independent Educational Evaluation to Benefit Your Child

admin — Fri, 06 Nov 2009 03:48:16 +0000

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

Criteria For IEE’s at Public Expense – Can Special Education Personnel Do That?

admin — Wed, 04 Nov 2009 20:03:39 +0000

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

Successfully Overcoming Special Education Deny Or Delay Tactics

admin — Mon, 26 Oct 2009 07:57:28 +0000

Does your young child with autism need applied behavioral analysis (ABA) treatment? Are special education personnel delaying making a decision or totally denying needed educational services? This article will discuss, how you can successfully overcome deny or delay tactics, by some school personnel.

Many research studies have shown how important early intervention is for all children with disabilities. But if you waste time waiting for special education personnel to give your child the educational and related services that they need, your child’s life will be negatively affected.

Below are a few ways, to stop the deny or delay tactics, of some school personnel:

1. Make school personnel accountable for IDEA time lines. Learn about the time lines because a lot of delays that some school personnel try and get away with, are because parents do not understand the time lines, or do not make special education personnel accountable for the time lines. After you learn about the time lines are, write school personnel a letter, telling them that you know what the time lines are, and you will be holding them to the time lines.

Some things are not covered by time lines. For these I usually use 14 days. For Example: I would like a written response to my letter. I expect to receive it within 14 days. On the 15th day I write them again, and give them a shorter time frame, 5 days. If they refuse to answer my letter in writing, I would file for a state complaint. Your complaint would be, that you school district is preventing you from being an equal participant in your child’s education and Individual Education Plan (IEP) process.

2. Get an independent educational evaluation (IEE) of your child. This evaluation will give you evidence of what services your child requires. The evaluation should include, testing on academic and functional progress, educational and related services that your child needs, and what placement they require. Once you receive the in depth report from the independent evaluator, set up an IEP meeting to discuss the results. Make sure if possible, that the independent evaluator can participate in the IEP meeting by telephone. This will increase your chances of have special education personnel accept the evaluation.

3. If the school district refuses to give your child the recommended educational and related services, consider filing for a due process hearing immediately. By getting an IEE before you file for a due process hearing, you will be able to use the independent evaluators report, as evidence at a due process hearing.

Some parents wait for months, negotiating with school personnel, only to find out that the school district refuses to give the child what they need. Do not waste your child’s precious time! File for a due process now!

While due process is not an easy thing and can be adversarial, the special education personnel will continue to delay a decision, if they know that you will let them get away with it. I have heard from some parents that have waited for years, while school personnel delayed a decision.

By using these advocacy strategies you will be stopping the deny or delay tactics, of some special education personnel. Remember all the time that you waste, waiting for a decision on whether needed services are going to be given to your child, will negatively affect your child’s life. Keep up the fight!

By: JoAnn Collins