Each participating Charter LEA within the Desert/Mountain Charter Special Education Local Plan Area (SELPA) is provided with a yearly stipend to help offset expenses for Assistive Technology Assessments (ATAs) and IEEs. This process enables Charter LEAs to request such assessments independent of the Charter SELPA. No prior approval is required by the Charter SELPA. To be reimbursed for the cost of an ATA or IEE, the Charter LEA must complete the Charter SELPA reimbursement form (D/M 83) and supporting documentation and submit the reimbursement form to the Charter SELPA before the end of each fiscal year. A disagreement of the Charter LEA’s evaluation must be on an evaluation conducted within the last two years. DEFINITIONS Independent Educational Evaluation (IEE): An evaluation conducted by a qualified examiner who is not employed by the Charter LEA responsible for the education of the child in question ( Title 34 of the Code of Federal Regulations § 300.502 ). Qualified Examiner: An examiner who is competent to perform the evaluations through criteria established within the Charter SELPA Policy and Procedure Manual and in accordance with Education Code § 56322. Unilateral Parent Initiated Evaluation: An evaluation obtained by the parent at private expense without prior approval of the Charter LEA. Public Expense: The Charter LEA pays for the cost of the evaluation or ensures the evaluation is otherwise provided at no cost to the parent. PARENTS’ RIGHTS A parent has the right to obtain, at public expense, an IEE of their child from qualified specialists, as defined by regulations of the State Board of Education, if the parent disagrees with an assessment obtained by the public education agency. 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. The public education agency may initiate a due process hearing to show that its assessment is appropriate. If the final decision resulting from the due process hearing is that the assessment is appropriate, the parent still has the right to obtain an independent educational assessment, but not at public expense. 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
Chapter 14 – Independent Educational Evaluation (IEE), Charter SELPA As of 11/18/2021 Steering Committee Review/Approval
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