Appendix A: Notice to Parents Regarding IEEs
If a parent disagrees with an evaluation completed by the Charter LEA and seeks an IEE, the Charter LEA shall either initiate a due process hearing to obtain a determination that its evaluation is appropriate or will provide the parent with an opportunity to obtain an IEE within this policy (Title 34 of the Code of Federal Regulations §§ 300.502(b) and 300.502(b)(2)(i)) . The parent should contact the Charter LEA’s Director of Special Education for assistance in seeking an IEE. The parent may be asked the reason that they object to the Charter LEA’s evaluation; however, there is no requirement that the parent specify areas of disagreement with the Charter LEA’s evaluation as a prior condition for obtaining the IEE. If the IEE requested is accepted, the Charter LEA shall provide the parents with the policy, procedures, and criteria for an IEE (Appendix A) (Title 34 of the Code of Federal Regulations § 300.502(a)(2)) . The Charter LEA shall offer the parent a non-exclusive list of public agencies and private individuals whom the Charter LEA has determined are “qualified” in their respective areas of assessment (see Appendix B). The Charter LEA does not specifically endorse any listed agency or individual. Other agencies and individuals may be considered if they meet the IEE qualified provider criteria. Cost guidelines are available for consideration (Appendix C). If a specific independent examiner is desired by the parents, the name and resume of the examiner must be provided so that the Charter LEA may: • Verify the qualifications, certifications and/or licensure of the examiner; • Apply the location criteria; and • Initiate and negotiate a contract with the examiner. The Charter LEA’s Director of Special Education will provide Prior Written Notice (PWN) to the parent stating whether the Charter LEA is accepting or denying the IEE. If the IEE is denied, the Charter LEA will file for due process to determine the appropriateness of its assessment. The Charter LEA shall make arrangements for the independent examiner to ensure that the IEE is completed in a timely manner at Charter LEA expense. If the Charter LEA initiates a hearing and the final decision is that the evaluation is appropriate, the parent still has the right to retain another individual to conduct an evaluation, but not at Charter LEA expense (Title 34 of the Code of Federal Regulations § 300.502(b)(3)) . If the Charter LEA initiates a due process hearing and the final decision is that the Charter LEA’s evaluation is appropriate, no reimbursement shall be made unless ordered by a Hearing Officer. All independent examiners are required to provide a written report and copies of the test protocols (Appendix D) to the Charter LEA five days prior to the IEP meeting to review the IEE. The results of the IEE will be considered in making educational decisions required by IDEA 2004. The independent examiner will be required to participate in the IEP meeting by telephone or in person, at which time the IEE is being discussed. The cost of the independent examiner’s participation in the IEP meeting will be included as part of the cost of conducting the 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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