The independent examiner must agree to release their written report, test protocols (see OSEP Policy Letter - Appendix D), assessment information, and results to the Charter LEA prior to the receipt of payment for services and at least five days prior to the IEP meeting. The results from the IEE will be considered in the eligibility, program decisions, and educational services to the child with disabilities as required by IDEA. IEEs will be considered in any decisions made with respect to offers of FAPE made by the IEP team. Section E – Circumstances Resulting in Evaluation Not Funded at LEA Expense The Charter LEA does not have an obligation to reimburse parents for private evaluations obtained prior to the date that the Charter LEA’s evaluation is completed and discussed in an IEP meeting. Parent request for reimbursement for private evaluation may be allowable if : 1. The Charter LEA’s evaluation has not been provided in compliance with federal and state laws. 2. The privately obtained evaluation appropriately assessed the child in an area(s) of suspected disability, which was not assessed appropriately by the Charter LEA. Any reimbursement will be in accordance with Charter LEA procedures, cost guidelines outlined in Appendix C, and in an amount no greater than the actual cost to the parent. Reimbursement does not include observations/consultation with outside consultants. If an IEE is requested as a result of a settlement agreement in a due process hearing, the Charter SELPA will cover the costs incurred for the IEE as outlined in the settlement agreement. If the Charter LEA initiates a hearing and the final decision is that the evaluation is appropriate, the parent still has the right to obtain an IEE at their own expense. 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 ( Title 34 of the Code of Federal Regulations § 300.502(b)(3) ).
Chapter 14 – Independent Educational Evaluation (IEE), Charter SELPA As of 11/18/2021 Steering Committee Review/Approval
Page 9
Made with FlippingBook - professional solution for displaying marketing and sales documents online