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Adoption Date: 9/1/2012
Regulations - Regulations


7680R INDEPENDENT EDUCATIONAL EVALUATIONS

An"independent educational evaluation" (lEE) of a student, who has or is thought to have a disability, is an evaluation conducted by a qualified examiner who is not employed by the School District responsible for the education of the child.

 

"Public expense" means that the District either pays for the cost of the lEE or ensures that it is otherwise provided at no cost to the parent/guardian.

 

Procedures

 

1)     If a parent/guardian wishes to obtain District agreement to pay for an independent educational evaluation prior to the independent evaluation actually being conducted, he/she must submit a written request that the District fund the lEE, within thirty (30) calendar days from the date of receipt of the District's evaluation. The District may request that the parent/guardian specify the areas of disagreement with the District's evaluation. However, the District may not refuse to reimburse a parent/guardian  for the reasonable  costs  of an lEE  that the parent/guardian  has already obtained, solely because the parent/guardian did not notify the District prior to obtaining the  lEE.  Requests  for  reimbursement  for  the  costs  of  an  lEE  already  obtained  by  the parent/guardian must be submitted within thirty (30) calendar days from the date of receipt of the results of the lEE, in order to be considered.

 

2)     In response to a request for funding of, or reimbursement for, an lEE, the District may file a due process complaint notice to request a hearing to show that its evaluation is appropriate. If the final decision is that the evaluation is appropriate or that the evaluation obtained by the parent did not meet School District criteria, the parent/guardian still has the right to an lEE, but not at public expense.

 

3)     The District reserves the right to refuse to pay for, or provide reimbursement for, any individual assessment the cost of which exceeds the competitive rate for applicable services within the immediate geographic area. However, a parent/guardian will be provided the opportunity to demonstrate that their child's unique circumstances justify an lEE which exceeds the District's cost criteria. Ifthe total cost of an lEE obtained by the parent/guardian exceeds the District's cost criteria and there is no justification for the excess cost,the lEE will be publicly funded only to the extent of the District's maximum allowable charge.

 

4)     When an independent educational evaluation is at public expense, the criteria under which the evaluation is obtained, including the location of the evaluation and the qualifications of the examiner, must be the same as the criteria used by the District when it initiates an evaluation. In light of this requirement, the District will pay for, or provide reimbursement for, only those lEE's

 that are conducted by individuals who possess a current license or certification from the New York State Education Department in the area of the evaluation. In addition, the District wishes to restrict its payment of, or reimbursement for, lEE's to those conducted by qualified individuals located within the county in which this School District is located, or in neighboring counties as determined by administration. The District has established a comprehensive list of qualified professionals in private practice or employees of other public agencies who meet the District's location and qualification criteria to whom parents/guardians may go to secure an independent evaluation. This list will be provided to parents/guardians upon request.

 


 If the District's list is not exhaustive in terms of those minimally qualified to evaluate the specific needs of all students in the District, parents/guardians are free to select an evaluator of their own choosing, as long as the evaluator meets the District's geographic, qualification and reasonable cost criteria.

5)     The  District,  upon  receiving  a  request  for  payment  of, or  reimbursement  for,  an lEE,  will forward a letter acknowledging  the request to the parent/guardian. Any additional information needed by the District in reaching a decision regarding payment/reimbursement will be requested at this time.

 

If payment/reimbursement is denied, the reason(s) for the denial (along with notice of intent to initiate an impartial due process hearing, if applicable) will be provided to the parent/guardian in writing. If the District agrees to pay for, or reimburse the cost of, an lEE, the parents/guardians (along with the independent evaluator) will be notified by letter.

 

6)     If the parent obtains an lEE at public expense or shares with the District an evaluation obtained at private expense that meets the District's criteria, the results must be considered when making any decision with respect to the provision of a free, appropriate, public education to the student. Inaddition, the results of an lEE may be presented by any party as evidence at an impartial due process hearing.

 

7)      Parents/guardians,  in  selecting  an  independent  evaluator,  should  request  that  the  evaluator contact school officials to make arrangements for payment, classroom observations and/or discussion with the child's teachers.

 

8)      If an Impartial Hearing Officer requests an lEE as part of an impartial due process hearing, the cost of the evaluation must be at public expense.

 FurtherInformation

 

The District has developed a policy and regulation on independent evaluations in order to ensure that the District is meeting its responsibility to provide independent evaluations at public expense. Parents/guardians can obtain further information on independent evaluations by contacting the Chairperson of the Committee on Special Education or the Committee on Preschool Education at the District.

 

Exceptions to the District's established geographic, qualification and reasonable cost criteria will be  made  only  when  the  parent/guardian  can  demonstrate  that  unique  circumstances  justify  an independent evaluation that does not fall within the District guidelines.