Policy – Category 2000 (Administration) BP 2004 – Independent Educational Evaluation (IEE)
If the parent obtains an independent educational assessment at private expense, the results of the assessment shall be considered by the public education agency with respect to the provision of a free appropriate public education (FAPE) to the child and may be presented as evidence at a due process hearing. If a public education agency observed the child in conducting its assessment, or if its assessment procedures make it permissible to have in-class observation of a child, an equivalent opportunity shall apply to an independent educational assessment of the child in the child’s current educational placement and setting, and observation of an educational placement and setting, if any, proposed by the public education agency, regardless of whether the independent educational assessment is initiated before or after the filing of a due process hearing proceeding. If a parent proposes a publicly financed placement of the child in a nonpublic school, the public education agency shall have an opportunity to observe the proposed placement and the child in the proposed placement, if the child has already been unilaterally placed in the nonpublic school by the parent. Any observation conducted pursuant to this subdivision shall only be of the child who is the subject of the observation and may not include the observation or assessment of any other child in the proposed placement. The observation or assessment by a public education agency of a child other than the child who is the subject of the observation pursuant to this subdivision may be conducted, if at all, only with the consent of the parent. The results of any observation or assessment of any other child in violation of this subdivision shall be inadmissible in any due process or judicial proceeding regarding the free appropriate public education of that other child. The right of parents to obtain, at public expense, an independent educational assessment if they disagree with the assessment conducted by the Charter LEA, is included in the Procedural Safeguards Notice, which is distributed pursuant to Education Code § 56301(d)(2) . Introduction/Consideration of IEEs An IEE is designed to assist in determining the educational needs of a child with a disability including eligibility, program decisions, and educational services. The Individualized Education Program (IEP) team is responsible for determining placements and services; therefore, the IEP team will consider recommendations designed to assist the child in making educational progress in accordance with this policy. IEEs will be considered in any decisions with respect to providing FAPE to the child. A private educational evaluation that is initiated by the parent shall be considered in any decision made with respect to the provisions of FAPE to the child. A private evaluation
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BP 2004 – Independent Educational Evaluation (IEE)
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Desert Mountain Charter Special Education Local Plan Area (DMCS) (rev. 11/21)
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