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Can I Get the School District to Pay for an Independent Evaluation?

Parents have the right to request a school district-funded independent educational evaluation (IEE) if they disagree with the school's evaluation. Understanding the process and your rights can help you navigate this request effectively.

Understanding Independent Educational Evaluations

An Independent Educational Evaluation (IEE) is an assessment conducted by a qualified examiner who is not employed by the school district. Parents may seek an IEE if they disagree with the results of the school's evaluation of their child.

The purpose of an IEE is to provide an objective second opinion. It can cover various areas such as cognitive, academic, behavioral, or physical assessments, depending on the child's needs.

When Can You Request an IEE?

You can request an IEE at public expense when you disagree with the school district's evaluation. This disagreement can be based on any aspect of the evaluation, such as the methods used, the conclusions drawn, or the qualifications of the evaluators.

It's important to note that you must have a reason for your disagreement, although you do not have to explain this reason to the school district.

How to Request an IEE at Public Expense

To request an IEE, you should submit a written request to your child's school district. Clearly state that you disagree with the district's evaluation and are requesting an IEE at public expense.

Once your request is submitted, the school district must either agree to pay for the IEE or initiate a due process hearing to prove that their evaluation was appropriate.

What Happens After the Request?

After you request an IEE, the school district will review your request. They may ask for clarification or additional information, but they cannot delay the process unnecessarily.

If the school district agrees to the IEE, they will provide you with information about where you can obtain the evaluation and any cost limitations. If they refuse, they must file for a due process hearing to defend their evaluation.

Choosing an Independent Evaluator

When selecting an independent evaluator, ensure they meet the qualifications set by the school district, which should be similar to those required for their own evaluators. You can choose from a list provided by the district or select your own, as long as they meet these criteria.

It's beneficial to choose an evaluator who has experience with the specific needs of your child and who can provide a comprehensive report that will be useful in future IEP meetings.

What If the School District Denies the Request?

If the school district denies your request for an IEE at public expense, they must promptly file for a due process hearing to show that their evaluation was appropriate. This is a legal proceeding where both parties present evidence and arguments.

If the hearing officer agrees with the school district, you may still obtain an IEE, but at your own expense. If the hearing officer sides with you, the school district will be required to pay for the IEE.

Practical tips

  • Submit your IEE request in writing to ensure there is a record of your request.
  • Be clear and concise in your request, stating your disagreement with the school's evaluation.
  • Ask the school district for a list of qualified independent evaluators to streamline the process.
  • Keep copies of all correspondence and documents related to your request for an IEE.
  • If denied, consider seeking advice from a special education advocate or attorney.

Common mistakes to avoid

  • Not making the IEE request in writing, which can lead to misunderstandings.
  • Failing to specify that the request is for an IEE at public expense.
  • Choosing an evaluator who does not meet the district's qualifications.
  • Delaying the request, which can impact your child's educational progress.

Frequently asked questions

Do I have to explain why I disagree with the school's evaluation?
No, you are not required to explain your disagreement to the school district.
How long does the school have to respond to my IEE request?
Timelines can vary, so check your state's procedural safeguards notice for specifics.
Can I choose any evaluator for the IEE?
You can choose any qualified evaluator, but they must meet the district's criteria.
What if the evaluator I choose costs more than the district's limit?
You may need to cover the excess cost unless you can negotiate with the district.
What happens if the school district agrees to the IEE?
They will provide information on how to proceed, including any cost limitations.