PR 6255 Independent Educational Evaluation Policy for Disabled Students under the IDEA
The parent or legal guardian of a student with a disability pursuant to the Individuals with Disabilities Education Act ("IDEA") or of a student suspected of having an IDEA disability has the right to obtain an independent evaluation subject to the provisions of this policy. The parent or legal guardian has the right to an independent educational evaluation at public expense if they disagree with an evaluation or any component of an evaluation obtained or conducted by the District. The parent or legal guardian may request one independent educational evaluation in response to each evaluation completed by the District. If the parent request for an independent evaluation comes one year or more from the date of the completion of the District's evaluation, the District may seek to complete a reevaluation prior to paying for an independent educational evaluation.
An independent educational evaluation (IEE) means an evaluation conducted by a qualified examiner who is not employed by the District. An independent educational evaluation must meet the educational evaluation criteria used by the District when it initiates an evaluation to the extent those criteria are consistent with the parent's right to an IEE.
Public expense means that the District either pays for the full cost of the evaluation or ensures that the evaluation is otherwise provided at no cost to the parent. The District may, therefore, use whatever State, local, Federal or private sources of financial support are available to pay for the costs of an independent educational evaluation.
A parent is not required to notify the District prior to obtaining an IEE. However, if the parent or legal guardian requests an independent educational at public expense, the District will request that the parent provide a reason why he or she objects to the District's evaluation. In making that request, the District may not unreasonably delay either providing the requested independent educational evaluation at public expense or initiating a due process hearing to defend the District's evaluation.
If a parent requests an independent educational evaluation at public expense, the District will, without unnecessary delay:
Provide the parent or legal guardian with a copy of this policy and the District's IEE procedures; and
Provide the parent with information about where an IEE may be obtained within the parameters of this policy and the District's procedures; and
(a) ensure that an independent educational evaluation is provided at public expense; or (b) initiate a due process hearing to show that the District's evaluation is appropriate or that the IEE obtained by the parent did not meet District criteria.
If the District initiates a hearing and the final decision supports the appropriateness of the District's evaluation, the parent still has the right to an independent educational evaluation, but not at public expense.
If a parent or legal guardian obtains an IEE at private expense and presents that IEE to the District, the results of that evaluation must be considered by the District in any decision regarding the provision of a free appropriate public education to the student. In addition, any IEE obtained by the parents at private expense may be presented as evidence at a due process hearing regarding that student.
Last modified: March 08, 2010