February 24, 2012 JEFFERSON Board of Education v. Phillip and Angie C:  On February 21, 2012 COPAA filed the Amicus brief in this case regarding IEEs in support of the parents, Appellees, represented by Deb Mattison, COPAA member.  As Amicus, COPAA’s interest is to offer this Court its experience on the IEE issue including the use of publicly-funded IEEs in the provision of FAPE, aiding in the protection of the rights of children with disabilities. The IEE provides an essential balance in the parent-school relationship to ensure FAPE by permitting input from independent professionals. COPAA members understand that publicly-funded IEEs have brought to bear necessary expertise and researched-based scientific practices for children and generally enhanced parent-school collaboration. COPAA also has insight into other issues this appeal raises including “collaborative federalism” of the IDEA, the doctrine that has led all of the states in the Eleventh Circuit to adopt longstanding regulations permitting publicly-funded IEEs. Many thanks to Jonathan Zimring, COPAA Board member, for writing the brief.  COPAA Amicus Committee members Alice Nelson,  Andrew Feinstein, Catherine Merino Reisman and Selene Almazan assisted in the review of drafts.

What If I Disagree With An Evaluation?

Your Right to Obtain an IEE at Public Expense

 

a.     Independent Educational Evaluations (34 CFR §300.502)
 

1.     General

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 LEA. If you request an IEE, the LEA must provide you with information about where you may obtain an IEE and about the LEA’s criteria that apply to IEEs.
 

2.     Definitions

a.      Independent Educational Evaluation means an evaluation conducted by a qualified examiner who is not employed by the
        LEA responsible for the education of your child.

b.     Public expense means that the LEA 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 the 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 the Act.
 

3.     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 LEA, subject to the following conditions:

    a.    If you request an IEE of your child at public expense, your LEA 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 LEA demonstrates in a hearing that the evaluation of your child that you obtained did not meet the LEA’s criteria.

    b.    If your LEA requests a hearing and the final decision is that your LEA’s evaluation of your child is appropriate, you still have the            right to an IEE, but not at public expense.
 

  c.    If you request an IEE of your child, the LEA may ask why you object to the evaluation of your child obtained by your
    LEA. However, your LEA 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 LEA’s
    evaluation of your child.
 

d.  You are entitled to only one IEE of your child at public expense each time your LEA conducts an evaluation of your child with  which you disagree.
 

e.      LEA criteria:

If an IEE 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 that the LEA uses when it initiates an evaluation (to the extent those criteria are consistent with your right to an IEE).

Except for the criteria described above, a LEA may not impose conditions or timelines related to obtaining an IEE at public expense.

b.     Parent-Initiated Evaluations
 

            If you obtain an IEE of your child at public expense or you share with the LEA an evaluation of your child that you obtained at private expense:

 1.    Your LEA must consider the results of the evaluation of your child, if it meets the LEA’s criteria for IEEs, in any decision made with         respect to the provision of FAPE to your child; and
 

    2.     You or your LEA may present the evaluation as evidence at a due process hearing regarding your child.

 

c.      Requests for evaluations by hearing officers

               If a hearing officer requests an IEE of your child as part of a due process hearing, the cost of the evaluation must be at public expense.

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Last modified: April 13, 2012