Parents of students who have been evaluated by the school district as a component of the Committee on Special Education process are entitled to a second evaluation, called an Independent Educational Evaluation, at district expense, if they have concerns with the results or interpretation of the district evaluation. Districts maintain a list of potential evaluators but parents can select someone of their choice. Districts may have a policy with a ceiling amount that the district is willing to pay and parents should investigate that amount to be assured that the full cost of the IEE is covered.
Ms. Amberman completes Independent Educational Evaluations for parents on their request. The single fee is very reasonable for districts and is all-inclusive, including a complete social history; a comprehensive psycho-educational evaluation; travel to the school district; consultation with parent and teacher; thorough review of records; a comprehensive evaluation report with extensive recommendations; attendance at any CSE meetings at the request of the parent or the school district. There are no add-on expenses.
Feel free to contact Ms. Amberman at any time to arrange an IEE. Be sure to notify the district in writing of parental request for an IEE!
34 CFR section 300.502; 8 NYCRR section 200.5(g)
As described below, you have the right to obtain an independent educational evaluation (IEE) of your child if you disagree with the evaluation of your child that was obtained by your school district.
If you request an IEE, the school district must provide you with information about where you may obtain one and about the school district’s criteria that apply to IEEs.
Independent educational evaluation means an evaluation conducted by a qualified examiner who is not employed by the school district responsible for the education of your child.
Public expense means that the school district either pays for the full cost of the evaluation or ensures that the evaluation is otherwise provided at no cost to you, consistent with the provisions of Part B of IDEA, which allow each state to use whatever State, local, federal and private sources of support are available in the State to meet the requirements of Part B of IDEA.
Parent Right to Evaluation at Public Expense
You have the right to an IEE of your child at public expense if you disagree with an evaluation of your child obtained by your school district, subject to the following conditions:
- If you request an IEE of your child at public expense, your school district must, without unnecessary delay, either: (a) file a due process complaint to request a hearing to show that its evaluation of your child is appropriate; or (b) provide an IEE at public expense, unless the school district demonstrates in a hearing that the evaluation of your child that you obtained did not meet the school district’s criteria.
- If your school district requests a hearing and the final decision is that your school district’s evaluation of your child is appropriate, you still have the right to an IEE, but not at public expense.
- If you request an IEE of your child, the school district may ask why you object to the evaluation of your child obtained by your school district. However, your school district may not require an explanation and may not unreasonably delay either providing the IEE of your child at public expense or filing a due process complaint to request a due process hearing to defend the school district’s evaluation of your child.
You are entitled to only one IEE of your child at public expense each time your school district conducts an evaluation of your child with which you disagree.
If you obtain an IEE of your child at public expense or you choose to share with the school district an evaluation of your child that you obtained at private expense:
- your school district must consider the results of the evaluation of your child, if it meets the school district’s criteria for IEE, in any decision made with respect to the provision of FAPE to your child; and
- you or your school district may present the evaluation as evidence at a due process hearing regarding your child.