When parents disagree with the results of a school evaluation for special education students, the parent may request an independent educational evaluation (IEE) under the IDEA. (34 CFR 300.502.) The independent evaluation is to be conducted by a qualified professional that is not employed by the schoool district and the cost is at public expense. This means that the school must pay the full cost of the evaluation or ensure that there is no cost to the parent. (34 CFR 502(a)3(ii)) If the school disagrees, the school must file a request for a due process hearing to resolve the issue.
Recently we have become aware that some school districts in Virginia are setting caps on the amount that the school will pay for an IEE. In a recent case, the school district limited the payment to $300 and gave the parent a referral to two “independent” providers. One provider never returned the parent's phone calls and the other declined to do the evaluation for $300. In this situation, the school wrongfully set a limit that effectively deprived the parents of a right under the IDEA. When confronted, the school modified it's position. There is nothing in the law that allows the school to set an atificially low “cap” for the obligation to ensure that the IEE is conducted at public expense and without cost to the parent.
Recently we have become aware that some school districts in Virginia are setting caps on the amount that the school will pay for an IEE. In a recent case, the school district limited the payment to $300 and gave the parent a referral to two “independent” providers. One provider never returned the parent's phone calls and the other declined to do the evaluation for $300. In this situation, the school wrongfully set a limit that effectively deprived the parents of a right under the IDEA. When confronted, the school modified it's position. There is nothing in the law that allows the school to set an atificially low “cap” for the obligation to ensure that the IEE is conducted at public expense and without cost to the parent.
