Policy – Category 2000 (Administration) BP 2004 – Independent Educational Evaluation (IEE)
obtained by the parent is different from an IEE. An IEE may be presented as evidence at a due process hearing regarding the child. All requirements outlined in the criteria for IEEs must be followed. Federal regulations require that whenever 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 evaluator, must be the same as the criteria that the public agency uses when performing a similar evaluation ( Title 34 of the Code of Federal Regulations § 300.502(e) ). 3.0 Procedures for Parents Requesting an IEE at Public Expense A parent has the right to obtain an IEE at public expense when the parent disagrees with the assessment obtained by the Charter LEA ( Title 34 of the Code of Federal Regulations § 300.502(b) ). The Charter LEA may initiate a due process hearing to show that its evaluation is appropriate ( Title 34 of the Code of Federal Regulations § 300.502(b)(2)(i) ). If the Charter LEA initiates a hearing and the final decision is that the Charter LEA’s assessment is appropriate, the parent has the right to an IEE, but not at public expense ( Title 34 of the Code of Federal Regulations § 300.502(b)(3) ). The Charter LEA is not responsible for providing or reimbursing an evaluation when parents merely feel the need for additional information about their child, and which is not based on a disagreement with Charter LEA assessment results or IEP team findings. Further, when multiple reports are obtained by the parents in the same assessment areas, the Charter LEA will not reimburse the cost of more than one (1) IEE in any one area assessed when the parent disagrees with an assessment previously conducted by the Charter LEA ( Title 34 of the Code of Federal Regulations § 300.502 ). Upon request for an IEE, the Charter LEA will provide information to the parents regarding where an appropriate IEE may be obtained ( Title 34 of the Code of Federal Regulations § 300.502(a)(2) ). The independent examiner must meet Charter LEA/SELPA qualifications to be funded at public expense ( Title 34 of the Code of Federal Regulations § 300.502(e) ). 3.1 Steps to be followed by Parents Requesting an IEE at Public Expense: • Contact the Charter LEA’s Director of Special Education for assistance in requesting an IEE. The parents may be asked the reasons why they object to the Charter LEA’s evaluation, however, there is no requirement that the parents specify areas of disagreement with the Charter LEA’s evaluation as a prior condition for obtaining an IEE.
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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