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7680 Independent Educational Evaluations

7680 Independent Educational Evaluations

2018 7680

Students

SUBJECT: INDEPENDENT EDUCATIONAL EVALUATIONS

Parents of children with disabilities have the right under Federal and State regulations to obtain an independent evaluation at public expense under certain conditions. Regulatory standards are outlined in New York State Regulations of the Commissioner of Education Part 200.5(a)(1)(vi). Additionally, the Federal Regulations (34 Code of Federal Regulations [CFR] 300.503) specify requirements for an independent evaluation. These documents are available from the District for parent(s) who desire additional information.

Definitions:

For the purpose of this regulation the following definitions apply:

  1. Independent Education Evaluations (IEE): An evaluation conducted by a qualified examiner who is not employed by the School District responsible for the education of the child.
  2. Public Expense: The School District either pays the full cost of the IEE, or ensures that the IEE is otherwise provided at no cost to the parent. (A parent is entitled to only one [1] IEE at public expense each time the School District conducts an evaluation with which the parent disagrees).
  3. Evaluation: The process of information gathering and analysis necessary to make a decision regarding education program, including, but not limited to, psychological assessment, achievement assessment, and/or specific assessments in listed service areas such as occupational therapy, physical therapy, and speech.

Parent’s right to an IEE at Public Expense

A parent has the right to an IEE at public expense if the parent disagrees with an evaluation obtained by the School District.

If a report covers more than one evaluation or assessment, the parent must specify which evaluation or assessment they disagree with. A parent is entitled to only one [1] IEE at public expense each time the School District conducts an evaluation with which the parent disagrees.

In order for a parent to request an IEE at public expense, there must be a completed District evaluation of the aspect or aspects of evaluation to which the parent disagrees.

If a parent requests an IEE, the School District must without unnecessary delay, notify the parent in writing, of its decision to either:

  1. File a due process complaint to request a hearing to show the School District’s evaluation is appropriate; or
  2. Ensure that an IEE is provided at public expense, unless the School District demonstrates in an impartial hearing that the evaluation obtained by the parent did not meet the School District’s criteria.

If a parent requests an IEE, the School District may ask the parent’s reason for objecting to the public evaluation. However, an explanation by the parent is not required and the School District may not unreasonably delay either providing the IEE at public expense or filing a due process complaint to request a hearing to defend the public evaluation.

If the School District files a due process complaint notice to request a hearing and the hearing officer’s final decision is that the School District’s evaluation is appropriate, or that the evaluation obtained by the parent did not meet the School District’s criteria, then the parent still has the right to an independent educational evaluation, but not at public expense.

It is assumed that there is no disagreement with a District evaluation if the parent does not express a disagreement within one year of the date of the meeting held to review the evaluation with the parent. This assumption is subject to rebuttal, but a request for an IEE at public expense must, in any event, be made within the applicable statute of limitations (i.e., 3 years).

The results of any IEE, which meets the School District’s criteria, must be considered by the School District in any decisions made regarding the provision of a free appropriate public education to the child and may be presented as evidence by any party at an impartial hearing for that child.

School Districts Criteria for the IEE at Public Expense

If requested by the parent, the School District shall provide the parent with information about where an IEE may be obtained and the School District’s criteria for IEEs. These criteria, including the location of the evaluation and the qualifications of the examiner, shall be the same as the criteria the School District uses when it initiates an evaluation, to the extent those criteria are consistent with the parent’s right to an IEE. Such criteria are as follows:

  1. Location
    An evaluation must be conducted in the immediate geographic area (within 40-70 miles) in which the School District is located. A parent will have the opportunity to demonstrate that their child’s unique circumstances justify an IEE that exceeds the School District’s location criterion;
  2. Qualifications
    The examiner must possess, at a minimum, a current license or certification from the New York State Education Department in the area of evaluation, and an examiner who conducts any psychological assessment must possess a certification or license in the area of psychology.  Evaluations in areas known as related services must be conducted by professionals holding, at a minimum, a current license or certification from the New York State Education Department in the area of related service.
  3. Reasonable Cost
    The School District may refuse to pay, or provide reimbursement for any evaluation which exceeds the competitive rate for applicable services within the immediate geographic area. A parent will have the opportunity to demonstrate that their child’s unique circumstances justify an IEE that exceeds the School District’s reasonable cost criterion. If there is no such justification, the IEE will be publicly funded only to the extent of the School District’s maximum allowable charge.

Maximum Allowable Costs, including, but not limited to, preparation, assessment, report writing and parent conference:

Psycho-educational evaluation: $1,000.00

Psychological (Cognitive, Social/Emotional Learning, Executive Functioning): $600.00

Achievement: $400.00

Related Services: $350.00

Request for Evaluation by Hearing Officers

If a Hearing Officer requests an IEE as part of an impartial hearing, the cost of the evaluation must be as public expense.

34 Code of Federal Regulations (CFR) Sections 300.12 and 300.502

8 New York Code of Rules and Regulations (NYCRR) Sections 200.1(z) and 200.5(g)

Adoption Date:12/14/09

Revised: 1/14/19