• Original assessment protocols (attached to the report) – see Appendix D for information on test protocols. All independent educational examiners are required to provide a written report and copies of the test protocols five days prior to the IEP team 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 2004 and Section 504 of the Rehabilitation Act of 1973. 5. 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)) . CRITERIA FOR DETERMINATION OF IEE FEES 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 services in the 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 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 LEA; and • attending the IEP team meeting. The independent educational 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 2004. IEEs will be considered in any decisions made with respect to offers of FAPE made by the IEP team. CIRCUMSTANCES RESULTING IN EVALUATIONS 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.
Chapter 14 – Independent Educational Evaluation (IEE), Charter SELPA As of 11/18/2021 Steering Committee Review/Approval
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