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Regulation 6255 – Independent Educational Evaluation Procedures for Students with Disabilities Under the IDEA

I. PARENT REQUEST FOR INDEPENDENT EVALUATION
  1. The parent or legal guardian of the disabled student must present his or her request for an independent educational evaluation in writing to the District’s Director of Special Education. If any other District staff member receives a written request for an IEE, such request must be immediately forwarded to the District’s Director of Special Education.
  2. When the parent or legal guardian of a student with a disability under the IDEA
    requests an independent educational evaluation, the Director of Special Education shall, without
    unreasonable delay, provide the parent or legal guardian a copy of this policy and procedure as
    well as information about where an independent educational evaluation may be obtained and the
    District’s criteria for such evaluations.
  3. When the District receives a request from the parent or legal guardian for an
    independent educational evaluation, the District will, without unreasonable delay and within 15
    business days from the receipt of the request inform the parent or legal guardian that (1) the
    District will pay for the requested evaluation subject to the requirements of this policy; or (2)
    will initiate due process to defend the District’s evaluation.
  4. Before making the decision indicated in paragraph 3 above, the Director of
    Special Education may ask the parent or legal guardian for the reason or reasons why he or she
    objects to or disagrees with the District’s evaluation or any component of that evaluation.
    However, the parent or legal guardian is not required to provide that reason and the District will
    not use the request or a lack of parental response to such a request to unreasonably delay its
    decision regarding whether to provide the requested independent educational evaluation at public
    expense or to initiate due process to defend the District’s evaluation.
  5. Independent evaluators must agree to release the results of their independent
    evaluations to the District prior to receipt of payment for services. The results of any IEE will
    be considered by the District with respect to any decisions involving the provision of a free
    appropriate public education to the student, as long as the IEE meets the criteria set forth in this
    procedure.
  6. Upon notification that the District agrees to pay for an IEE, the parent or legal
    guardian may then proceed to arrange for completion of that evaluation.
II. PARENT REQUESTS PAYMENT FOR COMPLETED INDEPENDENT EVALUATIONS
  1. The parent/legal guardian of a student with a disability under the IDEA may obtain an independent evaluation without notification to the District and then request payment for that evaluation.
  2. If the parent is requesting payment for an IEE already completed, the parent must
    notify the District’s Director of Special Education, in writing, that they are requesting such
    payment. Upon receipt of that request, the District will provide the parent with a copy of the
    District’s policy and procedures relating to IEEs, and the District may request that the IEE be
    provided to the District directly from the Agency or individual that completed it, along with an
    invoice for the amount due.
  3. Within 15 business days of the receipt of the request, the District will notify the
    parent as to whether the District will initiate due process to establish the appropriateness of its
    own evaluation or pay for the cost of the IEE.
  4. If the district decides to pay for the cost of the IEE, the district criteria for the
    geographic locations of the evaluator(s), the minimum qualifications of evaluator(s), and the
    costs of the evaluation, as indicated in this procedure must be met. If the cost of the IEE exceeds
    the District’s cost limitations, the District will inform the parent that the District will pay that
    portion of the cost that is within the District’s limitations, if the District determines that an
    appropriate IEE could have been obtained within the cost limitations.
  5. If the District initiates a due process hearing pursuant to paragraph 3 above and
    the final decision of the due process panel is that the District’s evaluation is appropriate, the
    parent or legal guardian still has the right to an independent educational evaluation, but the
    District will not be required to pay for that evaluation.
  6. If the parent or legal guardian obtains an independent evaluation at private
    expense, the results of that evaluation must be considered by the District, if that privately funded
    independent evaluation meets the District’s criteria for evaluations, with respect to any decisions
    regarding the provision of a free appropriate public education to the child.
III. LOCAL LIMITATIONS FOR EVALUATIONS

Approved evaluators must be located within 50 miles of the District’s Administrative
Offices. Evaluators outside of this area will be approved only on an exception basis and the
parent or legal guardian can demonstrate the necessity of using personnel outside the approved
geographic area.

IV. COST LIMITATIONS FOR EVALUATIONS

The total cost of a multidisciplinary independent evaluation will be limited to a total cost
of $1,000.00. Single evaluations will be limited to the cost schedule listed below. These same cost limitations apply to the District when it conducts an evaluation. The maximum charges have been established to allow the District and parents to choose from among qualified
professionals in the area and is intended to result only in the elimination of excessive fees. Costs
above this amount will not be approved unless the parent or legal guardian can demonstrate that
such costs reflect a reasonable and customary rate for such evaluative services within the
designated geographic area or that the student’s unique circumstance justify an evaluation that
exceeds the allowable cost criteria. When Medicaid or other public insurance will cover all or
part of the costs of the independent educational evaluation, the District will assume payment
only for the portion of the costs not covered by public insurance, provided that the use of that
public insurance would not decrease any insurance benefit or otherwise negatively impact the
child’s or family’s insurance coverage. If the child is covered by private insurance, the District
may request parental consent to access that private insurance coverage.

V. MINIMUM QUALIFICATIONS FOR EVALUATORS

Evaluators with credentials other than those listed below will not be approved unless the
parent or legal guardian can demonstrate the appropriateness of using individuals with other
qualifications.

Type of AssessmentQualifications
Academic AchievementCertified Special Education Teacher,
School Psychological Examiner,
School Psychologist, Licensed
Psychologist, Certified Regular Education
Teacher
Adaptive BehaviorLicensed Psychologist,
Certified Special Education Teacher,
School Psychological Examiner, or
School Psychologist
Assistive TechnologyCertified or Licensed Speech/Language Pathologist,
Certified or Licensed Occupational Therapist,
Or Certified Special Education Teacher (Master’s
Degree)
AudiologicalLicensed or Certified Audiologist
Central Auditory
Processing
Licensed or Certified Audiologist
CognitionLicensed Psychologist
Certified School Psychological
Examiner, School Psychologist
HealthLicensed Physician
MotorLicensed Physical Therapist or
Occupational Therapist, or
Certified Teacher of the Physically
Impaired, or Adaptive Physical Education
Specialist
Music TherapyLicensed or Certified Music Therapist
Orientation/Mobility or
Residual Vision or
Functional Vision
Certified Teacher of the Visually Impaired
Social/Emotional/
Behavioral
Certified Special Education Teacher,
School Psychological Examiner,
School Psychologist, Licensed Social
Worker, Licensed Psychiatrist or
Psychologist
Speech/LanguageCertified or Licensed Speech/Language
Pathologist
TransitionCertified Special Education Teacher (Master’s Degree)
VisionLicensed Ophthalmologist or Optometrist
Visual Perceptual or
Visual Motor
Licensed Ophthalmologist or Optometrist,
Licensed Occupational Therapist,
Certified Special Education Teacher,
School Psychologist Examiner, or
School Psychologist
VI. COST LIMITATIONS FOR EVALUATORS

A comprehensive, independent evaluation will be limited to a total cost of $1,000.00. Single
disciplinary evaluations will be limited to the following schedule:

Academic Achievement$200.00
Adaptive Behavior$100.00
Assistive Technology$100.00
Auditory Acuity$ 75.00
Auditory Perception (CAP)$100.00
Cognitive$300.00
Health$100.00
Neurological$500.00
Motor$150.00
Sensory-Motor Integration$200.00
Speech/Language$200.00
Social/Emotional/Behavioral$300.00
Vision$100.00
Functional Vision$100.00
Transition$100.00

The District’s Special Services Director has a list of approved providers available.

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