Policies and Procedures – Category (Series 0000)
BP 2009 – Guidelines for Independent Educational Evaluation (IEE)
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)) .
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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 LEA ( Title 34 of the Code of Federal Regulations § 300.502(b) ). The 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 LEA initiates a hearing and the final decision is that the LEA’s assessment is appropriate, the parent has the right to an IEE, but not at public expense ( Title 34 of the Code of Federal Regulations § 300.502(b)(3) ). The LEA is not responsible for providing or reimbursing an evaluation when parents merely feel the need for additional information about their child, and which is not based on a disagreement with LEA assessment results or IEP team findings. Further, when multiple reports are obtained by the parents in the same assessment areas, the LEA will not reimburse the cost of more than one IEE in any one area assessed when the parent disagrees with an assessment previously conducted by the LEA ( Title 34 of the Code of Federal Regulations § 300.502 ). Upon request for an IEE, the LEA will provide information to the parents regarding where an appropriate IEE may be obtained ( Title 34 of the Code of Federal Regulations § 300.502(a)(2) ).
The independent examiner must meet LEA/SELPA qualifications to be funded at public expense ( Title 34 of the Code of Federal Regulations § 300.502(e) ).
Steps to be followed by Parents Requesting an IEE at Public Expense:
1. Contact the LEA’s Director of Special Ed ucation for assistance requesting an IEE. The parents may be asked the reasons why they object to the LEA’s evaluation, however, there is no requirement that the parents specify areas of disagreement with the LEA’s evaluation as a prior condition for obtai ning an IEE. 2. The LEA’s Director of Special Education will provide a Prior Written Notice (PWN) letter to the parent stating whether the LEA is accepting or denying the IEE. If the IEE is denied, the LEA will file for due process to determine the appropriateness of its assessment.
BP 2009 – Guidelines for Independent Educational Evaluation (IEE) Desert Mountain Special Education Local Plan Area (DMSELPA) (rev. 11/21)
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