Appendix A: Notice to Parents Regarding IEEs
Please read the information below before obtaining an Independent Educational Evaluation (IEE). Before obtaining an IEE, contact the Director of Special Education within your Local Education Agency (LEA) to discuss your assessment questions. An IEE obtained on a unilateral basis will not automatically be reimbursed. All requests for an IEE will be processed in accordance with the policy, procedures, and criteria set forth herein.
DEFINITIONS
Independent Educational Evaluation (IEE) : An evaluation conducted by a qualified examiner who is not employed by the Local Education Agency (LEA) responsible for the education of the child in question (Title 34 of the Code of Federal Regulations § 300.502). Qualified Examiner : An examiner who is competent to perform the evaluations through criteria established within the DMSELPA Policy and Procedure Manual and in accordance with Education Code § 56322.
Unilateral Parent Initiated Evaluation : An evaluation obtained by the parent at private expense without prior approval of the LEA.
Public Expense : The LEA pays for the cost of the evaluation or ensures the evaluation is otherwise provided at no cost to the parent.
CONSIDERATION OF INDEPENDENT EDUCATIONAL EVALUATIONS
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 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 decision made with respect to providing a Free Appropriate Public Education (FAPE) for 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 granted at public expense, the criteria under which the evaluation is obtained, including the location of the evaluation and the qualifications of the examiner, 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(a)) .
PROCEDURES FOR PARENTS REQUESTING AN INDEPENDENT EDUCATIONAL EVALUATION AT PUBLIC EXPENSE
If a parent disagrees with an evaluation completed by the LEA and seeks an IEE, the LEA shall either initiate a due process hearing to obtain a determination that its evaluation is appropriate or
BP 2009 – Guidelines for Independent Educational Evaluation (IEE) Desert Mountain Special Education Local Plan Area (DMSELPA) (rev. 11/21)
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