Independent Education Evaluation Procedures

Independent Educational evaluations Paid for by the School District

In order for parents or guardians to request payment by this school district for an independent educational evaluation, the following procedures shall be followed:

1. At the time the Written Evaluation Report, or other report, of evaluation by the district is delivered to the parents, and/or when parents inquire concerning independent evaluations, the parents shall be provided with a copy of this local procedure and policy, including attached Schedules.

2. Parents and guardians are encouraged to consult, in advance of scheduling an evaluation, with the Director of Special Education concerning the need for an independent evaluation and the qualifications of the evaluator and relevant local evaluations standards. The director (or designee) may inquire of the parents the reason(s) why they object to the evaluation teams' evaluation, but the parents may not be required to respond, and the district may not unreasonably delay the providing of the evaluation or the filing for due process, whichever the district decides to do.

3. An independent evaluation at public expense must be obtained under the same criteria that the district uses when it initiates an evaluation. See “Criteria for Evaluations Initiated by District or Parents at Public Expense (Schedule A)”. The district may challenge and refuse to reimburse any evaluator/evaluation (or part thereof) not meeting the criteria by requesting a due process hearing. The request for due process should be made without unnecessary delay.

4. The Director of Special Education shall provide parents or guardians, upon request, with a list of evaluation agents/sites that provide evaluations in the required geographic area. (See Schedules A and B). Parents and guardians are not required to select an evaluator from the list. Inclusion on the list does not constitute an endorsement by the school district of any evaluator listed, nor does it constitute a representation that those listed have the licensing or other qualifications to perform a particle evaluation or test. Parents should make sure that the evaluator is located within the required geographic area, and should verify with a potential evaluator that the evaluator meets the qualification criteria of Schedule A., with respect to the particular evaluation or test to be performed.

5. Except for the criteria described in the IEE policy, this procedure, and Schedules A and B, the district may not impose conditions or time lines related to obtaining an independent educational evaluation at the district’s expense. 34 C.F.R. 300.502(e)(2)

6. The results of any independent evaluation which meets the school district independent evaluation criteria, whether or not paid for at district expense, and whether or not it precedes or follows a district evaluation, shall be considered by the Evaluation and Planning Team (EPT) and/or IEP Team meeting participants in any decision made with respect to the provision of a free appropriate public education to the student and may be presented as evidence in a due process hearing regarding that child. Where a decision has been made prior to the availability of the results of the IEE, the relevant team should be convened to consider the IEE results.

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Independent Education Evaluation Procedures CODE: IHBB-R
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7. The district is not required to fund more than one parent-initiated independent evaluation for each district evaluation with which the parent disagrees. Each time the district conducts an evaluation with which the parent disagrees, however, the parent has a right to an independent evaluation. Parents are not entitled to reimbursement for independent evaluations that are not initiated as a result of disagreement with an evaluation by the district. The district always has the alternative of seeking a due process determination that its evaluation was appropriate.

8. Where a parent or guardian has obtained an independent evaluation without first consulting the Director of Special Education, reimbursement shall nonetheless be subject to all conditions and criteria set forth herein, including the IEE policy, Schedules A and B.

9. NOTE: Where a parent feels that an evaluation is required
A. because a child’s performance, behavior or condition has changed since the last evaluation conducted by the evaluation and planning team; or
B. because the child’s performance, behavior condition warrants evaluation of an area not previously evaluated,

The parent should request that a re-evaluation or supplemental evaluation be performed through the evaluation and planning team. The evaluation and planning team shall promptly convene a meeting to arrange for the evaluation pursuant to usual procedures. If the parents disagree with the results of such evaluation, they may then request an independent evaluation at public expense pursuant to this procedure.


Independent Evaluations Ordered by a Hearing Officer

If a Hearing Officer requests an independent educational evaluation as part of a hearing, the cost of the evaluation shall be at public expense.

A:pw:Disk T

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Legal Sources: 20 U.S.C. 1415 (b)(1)
34 C.F.R. 300.502,34 C.F.R. 104.35(c)
VDE Rules 2364.3(2)(b) and 2364.3.4