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. Section E – Circumstances Resulting in Evaluation Not Funded at LEA Expense The LEA does not have an obligation to reimburse parents for private evaluations obtained prior to the date that the LEA’s evaluation is completed and discussed in an IEP meeting. Parent request for reimbursement for private evaluation may be allowable if: 1. The LEA’s evaluation has not been provided in compliance with federal and state laws. 2. The privately obtained evaluation appropriately assessed the child in an area(s) of suspected disability, which was not assessed appropriately by the LEA. Any reimbursement shall be in accordance with LEA procedures, cost guidelines outlined in Appendix C, and in an amount no greater than the actual cost to the parent. Reimbursement does not include observations/consultation with outside consultants. If an IEE is requested as a result of a settlement agreement in a due process hearing, the Desert/Mountain SELPA will cover the costs incurred for the IEE as outlined in the settlement agreement. If the LEA initiates a hearing and the final decision is that the evaluation is appropriate, the parent still has the right to obtain an IEE at their own expense. If the LEA initiates a due process hearing and the final decision is that the LEA’s evaluation is appropriate, no reimbursement shall be made unless ordered by a Hearing Officer (Title 34 of the Code of Federal Regulations § 300.502(b)(3)) .
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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