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Published: March 20th, 2017

If a parent requests an Independent Educational Evaluation (IEE), can the school ask the parent the reason that he/she objects to the school’s evaluation?

“If a parent requests an [IEE], the [school] may ask for the parent’s reason why he or she objects to the public evaluation. However, the [school] may not require the parent to provide an explanation and may not unreasonably delay either providing the [IEE] at public expense or filing a due process complaint to request a due process hearing to defend the public evaluation.” [34 C.F.R. § 300.502(b)(5)]

Posted in Independent Education Evaluation (IEE), Uncategorized |
Published: March 20th, 2017

Can a parent request an IEE (independent educational evaluation) at any time in the evaluation process?

No. Under the regulations that implement the IDEA, “[a] parent has the right to an independent educational evaluation at public expense if the parent disagrees with an evaluation obtained by the public agency.” [34 C.F.R. § 300.502(b)(1)] (Emphasis added) A parent is entitled to only one IEE each time a school conducts an evaluation with which the parent disagrees. [34 C.F.R. § 300.502(b)(5)] If a parent requests an IEE at public expense, the school “must, without unnecessary delay, either file a due process complaint” on the grounds that its evaluation is appropriate, “or ensure that an IEE is provided [to the parent] at public expense.” [34 C.F.R. § 300.502(b)(2)]

Posted in Independent Education Evaluation (IEE), Uncategorized |
Published: March 20th, 2017

Are schools obligated to pay parents’ out-of-pocket costs that are associated with an IEE?

Although the regulations that implement the Individuals with Disabilities Education Act (IDEA) are silent as to this matter, the United States Department of Education/Office of Special Education Programs (OSEP) provides clarity by stating that funding for the IEE must include “the [reasonable] expenses incurred by the parent for travel, meals, and lodging if an overnight trip is necessary . . . [and the] financial resources of the parent would not be determinative.” [Letter to Heldman, 20 IDELR 621 (OSEP 1993)]

Posted in Independent Education Evaluation (IEE), Uncategorized |