Section B – 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 Education for assistance in 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 obtaining 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. 3. If the IEE request is accepted, the LEA will provide the parents with copies of the Notice to Parents Regarding Independent Educational Evaluation (Appendix A) and a non- exclusive list of qualified examiners (Appendix B). If a specific independent examiner is desired by the parents, the name and resume of the examiner must be provided so that the LEA may: • Verify the qualifications, certifications and/or license of the examiner; • Apply the location criteria; and • Initiate and negotiate a contract with the examiner.
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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