Independent Educational Evaluations

Developed by Contra Costa SELPA

As Recommended for LEA Board Policy

2001-2002

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Facilitated by Contra Costa SELPA Staff

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PurposeThe purpose of this presentation is

to inform administrators, special and general education staff of the

district’s requirements and recommended procedures to provide an Independent

Educational Evaluation.

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Agenda

Parent Rights

Definitions

Process

Timeline

Criteria for Examiners

Evaluation Requirements

To Refuse an IEE Request

Parent Initiated

Not FundedReimbursement Recommended

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Parent Rights To Evaluation

Not racially, culturally or sexually discriminatoryAdministered in the student’s primary languageTests are validated for the purpose that they are usedAdministered by trained, qualified personnelTo disagree with findings and request an Independent Education Evaluation (IEE) at public expense

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DefinitionsAn Independent Education Evaluation (IEE) is an evaluation conducted by a qualified examiner who is not an employee of the DistrictAt public expense means either:

The district pays for the full cost of the evaluation or its components by contract orEnsures that the evaluation or components are provided at no cost to the parents by written agreement to reimburse the parents

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Process: The Parent Must

Disagree with an evaluation conducted by the District Inform the District in writing, or communicate to the District at an IEP meetingRequest an Independent Education Evaluation at public expense

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Process: The District MustProvide the policy to the parent and either

Initiate due process to show the district’s evaluation is appropriate or Provide an Independent Education Evaluation (IEE) at no cost to the parent

District may ask for reasons or specific areas of disagreement

Parent not obligated to provide informationDistrict may not delay implementation of policy

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To Provide An IEE, The District

Offers an alternate district examiner and alsoProvides options for an IEE at public expense:

A staff member from another LEA in the SELPAA staff member from another SELPAA private sector provider

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To Provide An IEE, The District

Arranges for the alternate evaluatorOrContracts with the alternate evaluatorOrCreates a written agreement to reimburse the parents

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TimelineWithin 15 days of receiving notification

from the parent, the district will:Determine the option of filing for hearing or providing IEENotify parents of the district’s decisionFile for hearing or provide the parents with an Assessment Plan

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TimelineThe parent should sign the Assessment Plan within 15 days Within 15 days of receiving written consent to the evaluation, the district arranges contract with examinerWithin 50 days of receiving written consent

Examiner provides a written report for an IEPThe IEP meeting is held

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TimelineIf examiner cannot meet timeline:

District will inform the parentAsk for an extensionOpt for an non-IEE evaluation on a specific, mutually agreeable timelineOr

Select another option or provider

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Criteria For Selection Of Examiners

Location limitationsQualification of examiner Cost parametersUse of approved instrumentsAgreement to specific conduct and performance standards

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Performance Standards for Examiners

Follow guidelines for District evaluationsObservation in an appropriate setting (classroom)Interview ParentsAttend the IEP meeting

By phone, Or

In person

Provide written evaluation report District should pay only

when contract requirements completed

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Cost ParametersComparable to costs of District employees

OrContractors conducting a similar evaluation

OrCalculated cost guidelines

Time requiredAppropriate District hourly rate

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Requirements for Evaluation

Not racially, culturally or sexually discriminatoryAdministered in the student’s primary languageTests are validated for the purpose that are usedAdministered by trained, qualified personnel

e.g.: Tests of intellectual or emotional functioning administered by credentialed school psychologist

Conducted by person knowledgeable of the disability including low incidence disabilities

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Requirements for Evaluation

Assess specific areas of educational needProduces results that accurately reflect the student’s ability/achievement levelNo single instrument is used for program and eligibilityAssessed in all areas of suspected disability unless only one or more areas are identified as in disputeIf more than one area is in dispute, more than one professional competency or more than one assessor may be required

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Requirements for Written Evaluation Report

Behavior noted in an appropriate settingRelationship of behavior to academic/social functioningEducationally relevant health, development, and medical findings

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Requirements for Written Evaluation Report

For Learning Disability: Discrepancy between achievement and ability that cannot be corrected without special education and related servicesDetermination of effects of environmental, cultural, and economic disadvantageNeed for equipment, services, materials for low incidence disabilities Need for Special Education and Related ServicesBasis for that determination

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To Refuse An IEEThe District must initiate due process to show the district’s evaluation is appropriateIf the hearing decision is that the evaluation is appropriate,

The parent has the right to seek an evaluation but not at public expenseNo reimbursement and no evaluation unless ordered by the Hearing Officer

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Parent Initiated Evaluations

Must be considered by the District and the IEP team (document on the IEP that the private evaluation was read, discussed and considered)May be presented as evidence at a hearing

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Evaluations Not Funded by the District

Parent disagrees with evaluation however District does not reimburse parents if:

Evaluation obtained prior to completion of District evaluation andPrior to discussion of District’s evaluation at an IEP meeting

Parent independently seeks a private evaluation

Without written notice of disagreement andWithout requesting an IEE from District

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Reimbursement of Parents Recommended

When all of the following have been met: Parent disagreed with District evaluationParent obtained evaluation meets district criteria and is no older than twelve monthsParent provides district with written consent to exchange information with the examinerExaminer is available to attend IEP meeting

By phone or in person andProvides an evaluation protocol(s)

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Reimbursement of Parents RecommendedWhen any of the following exist:

A noncompliant District evaluation or other significant procedural errorPrivate evaluator assessed the student:

In an area of suspected disability not assessed by District and The District chooses not to do their own evaluation in that area andEvaluation completed in accordance with District criteria andCost no greater than district evaluation

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The Contra Costa SELPA would like to thank you for your interest in

this topic and for your attendance at this training.