“If a parent requests an IEE at public expense, the public agency must, without unnecessary delay, either file a due process complaint to request a hearing to show that its evaluation is appropriate;” or “ensure that an IEE is provided at public expense, unless the agency demonstrates in a [due process] hearing . . . that the evaluation obtained by the parent [does] not meet agency criteria.” [34 C.F.R. § 300.502(b)(2)(i)and(ii)] (Please note that there is no requirement that a request for an IEE be in writing.) The regulations that implement the Individuals with Disabilities Education Act (IDEA) do not define the term “unnecessary delay.” However, the United States Department of Education/Office of Special Education Programs (OSEP) has stated that the meaning of “unnecessary delay” depends on the facts and circumstances involved. “[i]t permits a reasonably flexible, though normally brief, period of time that could accommodate good faith discussions and negotiations between the parties over the need for, and arrangements for, an IEE.” [Letter to Anonymous, 56 IDELR 175 (OSEP 2010)]
What is a school required to do upon receipt of a request for an IEE?
Published: June 23rd, 2016
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