NHEG EDGuide December 2016

Right to Obtain an

Right to Obtain an Independent Educaonal Evaluaon (Continued from previous page) by Wayne Steedman, Esq. (4) If a parent requests an independent educaonal evaluaon, the public agency may ask for the parent’s reason why he or she objects to the public evaluaon. However, the public agency may not require the parent to provide an explanaon and may not unreasonably delay either providing the independent educaonal evaluaon at public expense or filing a due process complaint to request a due process hearing to defend the public evaluaon. (5) A parent is entled to only one independent educaonal evaluaon at public expense each me the public agency conducts an evaluaon with which the parent disagrees. (c) Parent-iniated evaluaons. If the parent obtains an independent educaonal evaluaon at public expense or shares with the public agency an evaluaon obtained at private expense, the results of the evaluaon— (1) Must be considered by the public agency, if it meets agency criteria, in any decision made with respect to the provision of FAPE to the child; and (2) May be presented by any party as evidence at a hearing on a due process complaint under subpart E of this part regarding that child. (d) Requests for evaluaons by hearing officers. If a hearing officer requests an independent educaonal evaluaon as part of a hearing on a due process complaint, the cost of the evaluaon must be at public expense. (e) Agency criteria. (1) If an independent educaonal evaluaon is at public expense, the criteria under which the evaluaon is obtained, including the locaon of the evaluaon and the qualificaons of the examiner, must be the same as the criteria that the public agency uses when it iniates an evaluaon, to the extent those criteria are consistent with the parent’s right to an independent educaonal evaluaon. (2) Except for the criteria described in paragraph (e)(1) of this secon, a public agency may not impose condions or melines related to obtaining an independent educaonal evaluaon at public expense. (Authority: 20 U.S.C. 1415(b)(1) and (d)(2)(A)) Back to top Would you like to read about Other Procedural Safeguards? Sure you do. Use the links below to go there quick! Rights of parents: to receive a complete explanaon of all the procedural safeguards available under IDEA and the procedures in the state for presenng complaints; to inspect and review the educaonal records of their child; to parcipate in meengs related to the idenficaon, evaluaon, and placement of their child, and the provision of FAPE (a free appropriate public educaon) to their child; to obtain an independent educaonal evaluaon (IEE) of their child; (you’re here right now) to receive “prior wrien noce” on maers relang to the idenficaon, evaluaon, or placement of their child, and the provision of FAPE to their child; to give or deny their consent before the school may take certain acon with respect to their child; to disagree with decisions made by the school system on those issues; to use IDEA’s mechanisms for resolving disputes, including the right to appeal determinaons. 66

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