The independent examiner must be located within an 85-mile radius of the Charter SELPA office or a 40-mile radius of the Charter LEA responsible for the IEE. Examiners outside of this area may be approved by the Charter LEA if the parents can demonstrate the necessity of using an examiner outside of the geographical determined location. Unless an out-of-area evaluation is required for the child to receive an IEE, costs beyond the evaluation (i.e., transportation, lodging, food, etc.) are not covered in the contract or reimbursement to the parent. Independent examiners must comply with all state and federal requirements ( Title 34 of the Code of Federal Regulations § 300.502(e) ). The independent examiner must provide the Charter LEA and parent with a copy of the report five days prior to the IEP team meeting. The report should include: • Examiner’s name, title, license, certification number; • Original signature of the examiner; and • Original assessment protocols (attached to the report) - see Appendix D for information on protocols. A public agency may not impose conditions or timelines related to obtaining an IEE at public expense ( Title 34 of the Code of Federal Regulations § 300.502(e) ). Section D – Criteria for Determination of IEE Fee The Charter LEA will pay a fee that is routine and reasonable for the IEE, similar to those performed by qualified professionals in the local geographical area. Routine and reasonable fee is based on an average of a random sampling of fees charged by professionals providing service in the Charter LEA/SELPA’s area. 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. An excessive fee is defined as one that is more than 25% higher than the routine and reasonable rate as defined in the cost guidelines in Appendix C. Parents will be allowed the opportunity to demonstrate to the Charter LEA that unique circumstances justify IEE fees that do not fall within the criteria described in Appendix C. Cost Guidelines : When the Charter LEA is negotiating the fee for an independent evaluation to be conducted at public expense, the following should be included in the fees: • Cost to conduct the assessment; • Mileage (for student observation and to IEP location); • Developing a written report and providing copies to the parent and Charter LEA; and • Attending the IEP team meeting.
Chapter 14 – Independent Educational Evaluation (IEE), Charter SELPA As of 11/18/2021 Steering Committee Review/Approval
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