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). Section A – 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 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) ). Section B – 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
Chapter 14 – Independent Educational Evaluation (IEE), Charter SELPA As of 11/18/2021 Steering Committee Review/Approval
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