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 ‘Independent Educational Evaluation’
6 Important Things to Know About Special Education – Independent Evaluations at Public Expense
November 21st, 2009What Is Due Process For Special Education – And What Information Do I Need To Know?
November 11th, 2009
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
