| -> | | | | than the amount stated by your school district, tell them |
| Are you a parent who is interested in what criteria | | | | that you are asking for a cost waiver because of |
| special education personnel can use for an | | | | unique circumstances. They may ask you to list the |
| Independent Educational Evaluation at Public Expense? | | | | unique circumstances, which is allowed. |
| Have you been denied an IEE at public expense, | | | | Another issue is that school personnel cannot prevent |
| because you refuse to go along with strict criteria set | | | | you from getting an IEE at public expense. If they |
| by your school district? This article will discuss what | | | | make the cost too low, then you will not be able to get |
| criteria special education personnel are allowed to set | | | | the evaluation. |
| for IEE's at public expense. | | | | 3. Geographical; Some school districts want you to |
| The Office of Special Education Programs does allow | | | | stay within a certain geographic area. Again they can |
| school districts to make criteria for IEE's at public | | | | do it, if it does not prevent you from getting the |
| expense if:a. Parents are allowed to ask for a waiver | | | | evaluation. |
| of the criteria if their child's disability warrants it, orb. | | | | Below is criteria school districts are not allowed to set: |
| The criteria do not prevent the parent from getting the | | | | 1. Pick from this list of Evaluators: This is not allowed |
| IEE at public expense. | | | | by the Office of Special Education Programs which is |
| Below is a discussion of the criteria that school districts | | | | part of the Department of Education. |
| are allowed to set: (Just remember that the criteria | | | | 2. We will pay but we get to pick the evaluator: Also |
| cannot prevent the parent from getting the IEE at | | | | not allowed by OSEP. On February 20, 2004 OSEP |
| public expense) | | | | published a policy letter regarding IEE's at public |
| 1. Professional qualifications; An independent evaluator | | | | expense. In this letter OSEP states: It is the parent, not |
| must be at least as qualified, as special education | | | | the district, who has the right to choose which |
| personnel, who do the testing in the school district. If | | | | evaluator. . .will conduct the evaluation. |
| you want an independent evaluator who is more | | | | 3. If you want an IEE at public expense you must file |
| qualified than school person, you must put that in your | | | | for a due process hearing. The Individuals with |
| initial request for an IEE at public expense. | | | | Disabilities Education Act (IDEA) is clear; either school |
| A lot of conflict often occurs because parents want | | | | districts pay for the evaluation of they file for a due |
| their child tested by a Clinical psychologist not a School | | | | process hearing to prove that their evaluation is |
| psychologist; which increases the cost. | | | | correct. This is important because in some states the |
| If you can prove, that unique circumstances require a | | | | burden of proof at due process rests on the party that |
| clinical psychologist, then your school district may | | | | files. |
| agree. If they do not, they should file for a due process | | | | 4. We want to determine specifically what tests are |
| hearing. | | | | done. IDEA states that parents and school districts |
| 2. Cost; A lot of school districts, place very low cost on | | | | must agree on areas to be tested, not on the tests |
| independent educational evaluations at public expense. | | | | themselves. If an agreement cannot be reached then |
| A good qualified independent evaluator is going to cost | | | | special education personnel must file for a due |
| quite a bit, depending on the profession and location. If | | | | process hearing. |
| the evaluation that you want is going to cost more | | | | |