expense each time the LEA conducts an evaluation with which the parent disagrees (Title 34 of the Code of Federal Regulations § 300.502) . Each participating LEA within the Desert/Mountain Special Education Local Plan Area (SELPA) is provided with a yearly stipend to help offset the expenses for Assistive Technology Assessments (ATAs) and IEEs. This process, adopted in May 2004, enables LEAs to request such assessments independent of the SELPA. No prior approval is required by the SELPA. To be reimbursed for the cost of an ATA or IEE, the LEA must complete the SELPA reimbursement form (D/M 83) and supporting documentation and submit the reimbursement form to the SELPA before the end of each fiscal year. The disagreement of the LEA’s evaluation must be on an evaluation conducted within the last two years. DEFINITIONS Independent Educational Evaluation (IEE) : An evaluation conducted by a qualified examiner who is not employed by the 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 Desert/Mountain SELPA 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. Section A – Introduction/Consideration of IEEs 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 Individualized Education Program (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 decisions with respect to providing a Free Appropriate Public Education (FAPE) to 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 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)) .
Chapter 25 – Guidelines for Independent Educational Evaluation (IEE), Desert/Mountain SELPA
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As of 11/19/2021 Steering Committee Review/Approval
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