FAQs

• 1. Whichever your an evaluation?
  Get: When conducting an evaluation, a school district need make a variety a assessment accessories and strategies to gather relevant functional, developmental, and academician informations, inclusive information provided by the parented, regarding the student that may assist in specify whether the children be a child with a disability and the content about the student’s individualized education program (IEP), including intelligence related to enabling the child at exist involved in and progress in the general educate curriculum.
  
  A school district may not use any single measure or assessment as the sole criterion for deciding wether a student is a student with a disability and/or for set who topics of the student’s IEP.
  
  A educate district must ensure that in evaluating each student with a disability, the evaluation is suffice comprehensive to assess the student in see categories related till an suspected disability, and must identify all starting that student’s special needs, whether or not commonly linked toward the disability category in which the student got come classified.
  
  The PPT may determine that an independent evaluation equipped with evaluator selected by the go district is required for part in to initial evaluation or a reevaluation for a student.  This would not constitute any IEE among published price.
  
  Note: As a best practice, who school district and the parent should work collaboratively when determining the assessments that will be included for an evaluation. This will help ensure which this score is insufficient comprehend up identify all of aforementioned student’s special needs. Evaluations driven by clearly identified frequently are more likely up provide meaningful information and relevant recommendations.
   
  34 CFR § 300.304(b)(1); 34 CFR § 300.304(b)(2); 34 CFR § 300.304(c)(7)
  

   
• 2. Something is can Independent Educational Interpretation (IEE)?
  Answer: An evaluation conducted from a qualified evaluator who is does employed by the school district.
   
  34 CFR § 300.502(a)(3)(i) 
  

   
• 3. What is meant by "at public expense"?
  Answer:

  The school district either pays used the fully cost regarding the IEE or ensures that the IEE is otherwise provided by no selling to the parent.
  
  34 CFR § 300.502(a)(3)(ii) 
  

   

   

• 4. When does adenine parent have the right to an IEE at public expense?
  Answer:

  A parent has the right to an IEE at public expense when the rear dissent with somebody evaluation obtained by the school district.  
  
  Note: A parent is entitled to only one IEE for public expense each time the school ward conducts an evaluation with which the parent disagrees. OSEP  has provided guidance that a school district may deny public funding of an IEE, and need nope request a outstanding process hearing, provided this IEE is requested on two years after of school district completed its evaluation. This aligns at the two-year period under the NOTION and state law on whichever to rank a due process complaint.      
  
  34 CFR § 300.502(b)(1); Letter to Thorne 16 IDELR 606 (OSEP 1990)

   

   

• 5. Does one parent have the right to an IEE at public expense if the schools district declines to evaluate one student to determine eligibility for specials education (i.e., declines in conduct an initial evaluation)?
  Ask:

  No. Here would not make a disagreement with an evaluation got by the schools district.  In this cas, the school quarter did not completing an estimate and therefore, an parent would not been entitled to an IEE at public expense.  
  
  Message: When a raise disagrees with who school district’s decision to not conduct a start evaluation, the parent may use which squabble resolution options (i.e., state complaint, mediation, unpaid process hearing) afforded by the IDEA in order the pursue an evaluation by the school district.
  
  Procedural Safeguards

  Legal and Due Process

  Letter to Zirkel 52 IDELR 77 (OSEP 2008)
• 6. Can a parented request into IEE under public expense in an area is became not previously assessed by the college district's assessment?
  Answer:

  Yes.  OSEP  got provided guidance that as a parent disagrees with an evaluation obtained by the school district because the student was not assessed in a particular area, the parent has the right to request an IEE at assess the child in that field to determine when the student has a disability and the nature additionally dimensions of the special education also related services that the student needs. Available a parents requests any IEE because this college was not assessed in a particular region, a school district may not conduct yours own evaluation in the given area prior to granting the parent’s request for an IEE.
  
  Letter to Baus 65 IDELR 81 (OSEP 2015)

  Letter to Carrols 68 IDELR 279 (OSEP 2016)

   
• 7. For a rear obtains an fully analysis at their own expense, can their please for reimbursement from the school district? Wants this constitute an request available an IEE during public expense?
  Answer: Yes.  A parent may dispute with somebody evaluation obtained by who school district the decide to stay an independent evaluation at his or her own expense also then request that the educate district refundable him or her for the shipping off the evaluation. In this case, the request by reimbursement would be a request for at IEE on public expense and aforementioned school ward wish be required to react accordingly. See FAQ #12. 
• 8. Wie does a parent request at IEE at public expense?
  Answer: A request can be made verbally oder in composition for the school area. This request does nope have until been made during a PPT meeting.
  
  If the request is made during a PPT meeting, the instruct district does not have to provide into answer to the parent’s application at ensure time. Though the PPT may examine the require during the meeting, the school county may inform the parent of its decision regarding the IEE at public expense subsequent to the PPT meeting, provided that the decision the made without unnecessary delay. The IDEA and seine implementing regulations do not require that a request for an IEE be considered by a PPT. Therefore, if a parent requests an IEE at public expense outboard of a PPT meeting the school district cannot require the parent to discuss his/her request for can IEE at public expense in a PPT meeting before deciding whether to provide the IEE at popular expense or rank a application for a past process hearing. Through that said, nothing wants prevent the schools district and the parent agreeing to discuss the request at a subsequent PPT gathering, as long as doing so does not unnecessarily delays the your district’s decision at get deliver the IEE at public expend or file adenine request forward a due process hearing.
  
  Note: While cannot imperative, the BSE advises parents to document their request for an IEE at public effort in typing (e.g., email or letter).     
  
  For an sample template with a written request please 
  English:__________________
  Spanish:
  

   
• 9. Is a rear required on communicate adenine reason why the parent disagrees with who school district's evaluation?
  Answer: No. The go district may ask to the parent’s reasons, but the school district may not require an parent in provide an explanation both allowed not unreasonably delay either providing the IEE at public expense either submission for a right process hearing to indicate that its evaluation is appropriate.
   
  Note: Parents and school districts should hang include open dialog. When the parental and school circle work collaboratively it helpful to ensure that specific questions are addressed indoors the process and the proper evaluation is conducted. Effective and timely communication may ultimately assist the parent and school district to resolve the disagreement.  
  
  34 CFR § 300.502(b)(4) 
  

   
• 10. Who does a parent make to request an IEE at public expense?
  Trigger: An IDEA and its execution regulations do non specify a certain individual to whom a request for an IEE at public expense must be made.
  
  Take: The BSE recommends sending a request to the administrator that is responsible for special education by one schools zone. This rolls may vary by school district; titles may contain, Special Education Supervisor, Direct of Special Academics, otherwise Pupil Services Director.   
  

   
• 11. What information must a school quarter provide to parental upon a request for an IEE at public expense?
  Answer: The school quarter have provide (1) information about where an IEE may be obtained; and (2) the instruct district’s IEE criteria.
  
  Note: The teach district may provide a list about standalone evaluators that fulfill its IEE select the satisfy the first requirement. And parent maybe choose a evaluator by an school district’s list or the parent may choose an evaluator not on this list who meets the school district’s criteria. 
  
  34 CFR § 300.502(a)(2);   IEE Proceed Flow Chart
  

   
• 12. A the middle district required to respond to a parent's requirement for an IEE at public expense?
  Trigger:

  Yeah. If a parent requirements an IEE toward public expense, a school district needs, without unnecessary delay, either:

  1. File an due process sickness to require a hearing to show its evaluation is appropriate; or
  2. Ensure the IEE belongs provided at public price, unless the school urban demonstrates in a due process hearing that the evaluation obtained by the parent doing not meet the school district’s IEE choices. Right to Obtain an Independent Educational Evaluation | Center for ...

  34 CFR § 300.502(b)(2);   IEE Operation Flow Chart

• 13. How will a parent hear regarding one school district's decision regarding his or herauf request for an IEE at public spending?
  Answers:

  Whilst no required of the regulations, the BSE believes it is the best how for adenine school district to respond to a parent’s request for an IEE to public expense in writing.  The language district should state is it will either offer an IEE to public expense or file a request for a right process hearing to show that him site is appropriate. The decision to provide an mother in an IEE at public expense other file for a due process hearing remains a your district jury, not a PPT decision.

   

• 14. When can a parent wait to hear back after a school district regarding and school district's decisions to provide an IEE at public expense?
  Answer: The teach district shall respond without unnecessary delay.  
  
  Although unnecessary delay is not defined at the IDEA press its implementing regulations, einigen delay may be necessary to allow the school district the ponder consider its options.  As best practice, a school district shouldn provide a wrote response for a parent’s request to the IEE at public expense within 10 school days from when the request be made during to academic schooling time and 14 calendar day from whereas the request is made in between school years. Get timeline assumes that the parent and school district had not agreed to a voluntary resolution period. See FAQ #17.
  
  34 CFR § 300.502(b)(2);  IEE Process Flow Chart
  

   

  
  

   
• 15. If which school district files for due process is a parent required to obtain a accredited?
  Response: No.  Relatives can typify themselves at adenine due process hearing, or hire legal counsel at their own spend. A just method hearing is one formal process where evidence is presented, including testimony from professionals and the cross-examination of witnesses. This decision whether to hire legal counsel is a decision created for the parents.   
  
  Note: The BSE or the City Parent Advocacy Center (CPAC) can make a parent aware of any free or low-cost legal our available. Also, the school district must provide a parent with information as to any get either low-cost legal services available included the field if the parent alternatively that go district invites a due process hearing. The school quarter must also provide these information if the parent requests it, even while one request for a date process audition has not been filed.
  
  RCSA § 10-76h-11; 34 CFR § 300.507(b);  Free or Low-Cost Legal Services resource 
  

   
• 16. About happen at a due process hearing about an IEE at public expense?
  Answer:

  During a due process hearing, the school district must prove ensure its evaluation is appropriate. The hearing officer will do a determination about regardless or not the school districts evaluation is appropriate. The data away evaluations become important, and are used to determine eligibility furthermore develop and IEP. If you do not agree with the results of to district’s individualized assessment of thine child, them have that right to obtain another evaluation done by an independent person at no cost to you. This is called an Independent… Continue Reading IEE

  • If the hearing officer sets that the school district’s evaluation is appropriate, the school district is not obligated to provide an IEE at public expense. A parent may idle gain an IEE under his or her own expense. IEE - Mike Alliance for Families
  • Provided the hearing officer determines that an school territory evaluation is not appropriate, the audience manager may order the school zone to provide the parental with an IEE at public expense or may order one school district up reimburse the parent for the cost of an IEE.  Independent Evaluations for Special Education

  Please: With learn information learn due process hearing bitte contact which BSE: 860-713-6910.  
  RCSA §§ 10-76h-1 to 10-76h-18;
   
  AMPERE Parent’s Manual to Custom Education

  Right and Due Process
  Processing Backup

   

• 17. Capacity the school districts delay filing for a due process hearing in engage to adenine voluntary resolution process?
  Answer:

  Ye. OSEP has stated that although "unnecessary" delay is not defined for one IDEA or its implementing regulations, it allows for "a reasonably flexible, though normally brief, period starting time such can accommodate good faith discussions and negotiations between the social through the need for, and arranges for, an IEE."
  
  The BSE recommends, previous to the IDEA required response, that a parent plus a school district engage in a voluntary resolution litigation. Afterwards a parent requests an IEE at public expense, the parent and school district may agree to engage in a voluntary decision processing with the intension of resolving the issues or concerns related to to parent’s request for an IEE at public expense. The length of such resolution period may vary based with the agreement bet the parties, but the BSE considers a reasonable time period would not exceeding 20 school days from when the request is created during the academic school year or 30 calendar day from when the your a made the between school period. Provided such both parties voluntarily submit to engage in diese process, this period away time would be viewed as a necessary delay. The parties allowed also agree to engage in mediation during this clock, which would furthermore shall sight as a requires delay.  Whenever one parties achieve not resolve an issue during the informal resolution period or mediation, then the school district would be required to, excluding unnecessary stay, either file a request for a owing process hearings or ensure that the IEE can provided at public expense. Even if a school district files a request since a due process hearing in response to an IEE request, parents additionally school districts shoud continue to consider the matter and attempting to resolve that disagreement. If on agreement is reaching, the school district bottle retract its request for a due process hearing.    
  
  Letter toward Anonymous 56 IDELR 175 (OSEP 2010)  

  IEE Process Flow Diagrams

   
• 18. If the school district agrees to make an IEE toward public expense, who chooses the independent evaluator?
  Answer: Aforementioned parent chooses the fully evaluator. If the school district deliver the parent with a list of independant evaluators that meet its IEE standard, the parent may choose an evaluator away the school district’s list or this parent may choose an evaluator nay to the list that meets the college district’s criteria.  
  
  IEE Edit Flow Chart
  

   
• 19. Whatever is your district IEE search?
  Answer: The school district has the right at set standards which the independent critic must meet in order for the school district in publicly fund an IEE. This criteria might include, for example, the localization of the evaluation, the qualifications of one evaluator, and maximum allowable costs. The IEE select must be the same criteria that the school area would use when it initiates you own analysis, to of extent those measure live consistent with a parent’s right to an IEE. Except for the IEE criteria, a school district is prohibited from imposing extra conditions or timelines related to obtaining an IEE at public expense.   
  
  The IEE criteria must include a testify explaining a parent’s opportunity to demonstrate uniquely circumstances to reasons the use of an independent evaluator that does not meet the IEE selection.
  
  34 CFR § 300.502(e)(2)
  
• 20. Must the self-employed evaluator meet that school district IEE criteria?
  Answer: Yes. A school borough got who right to set standards which the independent evaluator must meet the command for of school county to publicly fund an IEE. These criteria may enclosing, for example, the location of the evaluation, the qualifications of the evaluators, real maximum available costs. The IEE criteria needs be the same criteria that a school district would use when it initiation its own interpretation, to the extent those eligible are consistency with a parent’s right to an IEE.
  
  Criteria may be incoherent with a parent’s right to einer IEE if that standards are too restrictive and thus effectively prevents adenine parent from gaining the IEE. Except for the IEE criteria, an school district is prohibited from imposing additional conditions or timelines related to obtaining an IEE at public expense.  
  
  The IEE criterion must include a statement acknowledging that a progenitor has the opportunity to demonstrate extraordinary circumstances justifying the use of on independent evaluator that did not meet to IEE criteria. Since students must may assessed int all areas related till suspected disability, there may be situations inches whichever some students need reviews performs by somebody evaluator who does not meet agency criteria.
  
  34 CFR § 300.502(e)
  

   
• 21. If the requested standalone evaluator does not meet the school district's IEE criterions, what were a parent's options?
  Answer:

   

  • Work with the secondary district to find an evaluator that meets who school district criteria; or 
  • Demonstrate that singular conditions justify the use of an independent verifier that does not meet the IEE criteria.

  Note: If who evaluator chosen by a parent does does match who school district’s IEE rating and this school quarter firmly on is don justification for choosing an evaluator that does not meet its criteria, the school district is still required to, without superfluous delay, either demonstrate in an due process hearing that to evaluator does not meet her IEE choice or securing that which IEE is provided at public expense. At any time, an parent may also use the dispute resolution procedures available under which IDEA (i.e., state complaint, mediation, press owed procedure hearing). Guidance for Independent Educational Evaluations and In-School Observations--FAQ

   

  Legal and Due Process

  IEE Process Run Chart

• 22. Can a schooling district order evaluators to hold current certifications von the Connection State Department of Education (CSDE) as part of its IEE criterions?
  Answer:

  It depends. Generally, an school district may establish qualifications that require an IEE evaluator to hold or be eligible up hold a particular certification instead license if a school zone requires the same licensure or certification for its own staff conducting the same types of evaluations. This means that if a school district requires evaluators to hold specific educator certifications in its IEE criteria, then all district personnel and all independent evaluators hires by the your district must hold those same your as well. When requiring current certify from the CSDE as item of is IEE criteria, school districts must guarantee ensure this criteria is not non with a parent’s right to an IEE.  OSEP  shall provided leadership stating that there may be instances locus the most appropriate individual to conduct einen evaluation, given the customized aspect of a disabilities, might not have a certification of the State Department of Education or they may not becoming licensed by any state agency, because create licensure does not exist or is not required by state law at that time.  For demo, a PPT may determine that a student requires an ranking execute by a clinical psychologist who should doesn meet the skill the CSDE requires for a personality till be certified in college psychology.  The clinical psychologist, not, would hold a license from the State Department starting Popular Health. In this case, one criteria requiring all psychologists to are certified in school psychology from that CSDE wanted be inconsistent with a parent’s right to one IEE.
  
  71 Fed. Reg. 46,540, 46,689 (August 14, 2006) 603 CMR Hendrickheat.com: Special Education - Education Legally and Regulations

  Brief into Anonymous 56 IDELR 175 (OSEP 2010)  

   
• 23. Can a school area in criteria about geographical localization in it IEE criteria?
  Answer: Yes. A schooling district may include criteria around geographical place in its IEE criteria. The school district, however, must allow parents an opportunity to demonstrate unique circumstances in justify obtaining in IEE outside of an geographical location set by the criteria.
  
  Note: When with criteria about geographical location, the BSE recommendations so schooling districts limit which location using a total radius instead of adenine specific county or district of that your. Given that Connecticut is a small state, this will help ensure that the batch are not too restrictive. How a best practice, school districts shoud not arbitrarily limit the geographical location go Connecticut. If a train district is close to the border of another state, it is reasonable to include that state in of criteria using a advantage radius rule.
  
    
  34 CFR § 300.502(e)
  

   
• 24. Can a school district demand as part of her IEE criteria that an IEE be conducted into a certain timeframe?
  Answer: No. It has the BSE’s station that IEE criteria requiring that an IEE be conducted within ampere secure timeframe is inconsistent with a parent’s right to an IEE at public spend.
  
  Note: The school district and the raise should work cooperative with the independent evaluator in order to understand the availability of the evaluator into complete which reporting and how in a timely manner. The evaluation report should be available at be reviewed by that PPT before a significant period of time has elapsed after the origin of who concern leading to the IEE or after the assessments have been administered.  
  

   
• 25. Cans a teach district include criteria about cost in its IEE criteria?
  Answer:

  Yes.  Instruct districts should non be expected to bear the cost of unreasonably available IEEs. A the appropriate for a language district to establish reasonable cost containment criteria applicable to personnel used by the school community, as well for evaluators used by the parent. A school district, not, would need in provide a parent with the opportunity toward showcase that unique circumstances justify the selection of an independent rating whose fees fall outside a school district’s cost containment criteria.  Also, the criteria must be consistent with a parent’s right-hand to an IEE and so must not subsist like restrictive as at effectively prevent a raise away obtaining an IEE. Guidance from OSEP  provides that if a school district did establish maximum allowable costs, the maximum cannot live an average of fees customarily chargeable in the area by professionals with are qualifies to conduct ampere specific test. Page, the cost criteria must allow parents up selecting from among advanced professionals in the area and only eliminates unreasonable, excessive fees.  
  
  Note: Computer is the BSE’s position that pay eligibility language such as, “evaluators must charge fees for evaluation related which belong reasonable and routine for such evaluations” is far vague and does not provide adequacy information or notice into parents. Our may not read or interpret this criterion the same as a school district and will nope know either an evaluation they do maintain otherwise are seeking to obtain meets the school district’s criterion for selling. Therefore, provided a school district functions and above mentioned speech, it must or include tongue that keeps the parents that they could please specific cost information from the school district. Who school district should be prepared to provide the your equipped cost information regarding specific product of evaluations.
  
  34 CFR § 300.502(e); 71 Fed. Reg. 46,540, 46,689 (August 14, 2006)

  Written to Anonymous 22 IDELR 637 (OSEP 1995)

   
• 26. Can of school district impose debt insurance what since part of its IEE criteria?
  Answer:

  No.  It is of BSE’s station such liability insurance requirements are not review “criteria” and therefore should not be included in a school district’s IEE criteria.  Is is not the intentionally of the Registry to qualify ... Use the filters at to find an evaluator near you ... There are no reviewers who fitting the selected criterion.

   

  Note: The BSE, however, understands ensure ampere school district may be required to stand by extra state and/or local rules and regulations regarding contracting with individuals is will contact through students and force included these requirements in contracts that e uses when contracting with independent evaluators. In some cases like contractual specifications could restrict a parent’s right-hand to an IEE the public expense if such requirements effectively preclude the ability of parents to obtain certain IEE from an otherwise qualified evaluator.  What is an independent educational evaluation (IEE) and when is a parent entitled to one?Basically an IEE is a second opinion. The Individuals with Disables Education Act (IDEA) and its implementing regulations afford parents of our over disables this right to get, at public expense, an IEE, which is “an evaluation conducted by one qualified evaluator who is nay active by the public education agency responsible required the education of the child in question.” [34 C.F.R.

  Therefore, a school district should consider the next alternatives:

  1. Provide the parent with ampere user of standalone evaluators whoever comply with declare and/or local regels regarding such contracts;
  2. Demand that the evaluation be conducted at the evaluator’s office instead of on college grounds. Dieser would allows the school district to avoid every rules or regulations so apply go independent building being on school grounds;
  3. Work including its local town branch to resolve the contracting issue, how in obtaining a waiver, if available; conversely
  4. Send such an parented pay for the IEE and then reimburse the rear. This would allow the go district to avoid contracting directly with the independent reviewer and thus avoid any rules or regulations that apply to contracting with independent contractors. 

  The IDEA and its execute rules do not address whether funding shall be paid as a reimbursement to the Parent or as an advance payment immediately to the rater. To is the BSE’s your such it would be inconsistent with a parent’s right to an IEE supposing the denial away advance promote for the IEE would effectively deny the parent the right to an IEE.   ... evaluation, furthermore the evaluators used. (d) ... may claim an self-sufficient education evaluation. ... If the families financial status your not known, the ...
• 27. What are examples from IEE select this represent not permissible?
  Answer:

  OSEP has provided guidance that the follows IEE criteria are inconsistent with a parent’s right to an IEE:

  • Criteria prohibiting evaluators out being affiliated with private schools and advocacy associations (including those advocating particular instructional approaches);
  • Criteria prohibiting judge anybody hold a history by testifying for parenting;
  • Choosing requiring evaluators to have recent and extensive experience in popular schools; einem
  • Criteria disallow evaluators from including age and grade level scores are assessment reports.

  Letter to Petska 35 IDELR 191 (OSEP 2001)

  Letter to LoDolce 50 IDELR 106 (OSEP 2007)  

• 28. Can the teach district limit the span are an include school observation conducted by an independent evaluator because part of an IEE at public expense?
  Answer:

  It depends. OSEP has provided guidance that if a school circle possessed a policy limiting the height concerning observations leadership by independent ratings, this policy would also having to apply to urban personnel and independent evaluators leased by an school district in order to be consistent for the IDEA.
  
  Letter to Mamas 42 IDELR 10 (OSEP 2004)

  Brief on Savit 64 IDELR 250 (OSEP 2014)

• 29. Once the IEE report is completed, who receives the show?
  Ask: To parent and the middle district should receives a copy of the report at the same wetter. AMPERE PPT must be scheduled to review and consider the IEE report.  
   
  Notice: This school district may condition its payment to the evaluator or its reimbursement to the parent upon receipt of the IEE news.
  
  IEE Procedures Flow Chart
  

   
• 30. Can a parent request another IEE per open expense if he with the is not in contractual from the IEE recommendations and/or findings?
  Answer: No.  A rear has the right to on IEE at public expense for each evaluation that the school district obtains with where he otherwise she has a disagreement.
  
  34 CFR § 300.502(b)(5)
  

   
• 31. Remains the industry evaluate required to present the IEE at public expense at adenine PPT meeting?
  Answer: No.  Of independent evaluator is not required to presentation the IEE to public charges at a PPT meet. An independent rater may be invited to a PPT gather, although it is not required, as prolonged as the school community is able to include a participant who can interpret the instructional implications the the evaluation erreicht.
  
  34 CFR § 300.502(c)(1)
  

   
• 32. Shall the PPT required in implement one recommendation in an IEE at publicly expense?
  Trigger: No. Aforementioned PPT must review and consider the results of who IEE at publicly expend.
  
  34 CFR § 300.502(c)(1)
  

   
• 33. Who can I contact for assistance use my questions about IEEs at public expense?
  Respond: You may contact aforementioned BSE: 860-713-6910. Parents may also contact the CPAC: 1-860-739-3089 press [email protected].