If the District failed to conduct an evaluation in a certain area then I suggest parents send this type of letter or
email:
We request an Independent Education Evaluation (IEE) for our son/daughter (child’s full name) for (name the areas you want the independent evaluation for). It is our understanding the District must ensure the IEE is provided at public expense or initiate a due process hearing. This is clarified in the Office of Special Education Programs letter dated Feb. 23, 2015, when an evaluation
is conducted and a parent disagrees with the evaluation because a child was not assessed in a particular area, the parent has the right to request an IEE to assess the child in that area to determine whether the child has a disability and the nature and extent of the special education and related services that child needs.
Is the District electing to provide the IEE at public expense, or initiate a due process
hearing?
We look forward to your response so there is no unnecessary delay.
Remember the District only has 2 choices in response to your request. They can decide to pay for it or they file for a due process hearing.
If they decide to pay for it great! When a District grants your request, sometimes they will give parents a list of qualified examiners or agency and require the parent pick from that list.
This is a no-no. You want to get a
list of examiner qualifications from the District, but you are not obligated to use a specific person or agency that they suggest. Remember, this is an Independent Education Evaluation.
It used to be that it was rare for a District to file for a due
process hearing over an IEE issue. But we are seeing that happen more often. I always advise families to retain an attorney to help with any legal advice and due process hearings.
The last important point is when you have your IEE completed and if the District has paid for it, the evaluation report must be
shared with the District/IEP team. The catch is, all the team has to do is “carefully consider” the independent evaluation – they don’t have to accept it or accept any recommendations made by the evaluator.
Of course the phrase “carefully consider” is up to interpretation.
Advocacy Action Steps to take:
1. Ask for an IEE in writing.
2. Remember either the District agrees to pay
for it, or they file for a due process hearing.
3. You decide which qualified evaluator you’ll use
There are some other details about IEEs, if you want to chat about it, email me and we’ll set up a time to
talk. My 30 minute phone consultations are free for families.
