Patricia S. Phelan runs The Law Office of Patricia S. Phelan – a practice dedicated exclusively to the field of special education law and advocacy. Ms. Phelan has been practicing law for eighteen years and is an experienced litigator as well as a parent of a child with a disability. For guidance about your child’s rights under the law, please contact Ms. Phelan by email at PSPESQ@aol.com or telephone at 914-629-4707.
Spring is here. It is time to welcome the flowers, warm weather and of course…ANNUAL REVIEWS for your child with a disability!
Around this time, your school district might conduct evaluations of your child either as part of an initial assessment if you suspect your child has a disability, or, as part of a periodic re-assessment if your child is already classified.
What can you as a parent do if you disagree with the results of annual review testing or other assessments your school district has performed on your child?
You can ask for an Independent Educational Evaluation, commonly referred to as an IEE, at your school district’s expense. [34 CFR §300.502; 8 NYCRR §200.5(g)]
What is an IEE?
An IEE is:
· An evaluation
· At no cost to the parent
· Conducted by a qualified examiner
· Who is not employed by the school district.
· The right to an IEE exists when the parent disagrees with an evaluation by the school
When asking for an IEE, here are some important tips to keep in mind:
You do not have to explain why you disagree with your district’s evaluation(s) - - only that you disagree.
You have the right to ask your district what agency criteria [under 34 CFR §300.502(e)] are required for assessments. The criteria must be the same as those the public agency uses when it initiates an evaluation. For example:
Your district cannot pick the evaluator, or even restrict you to a list of potential evaluators. Who conducts the evaluation is your choice, as long as they fulfill agency criteria;
Your district cannot require you to select an evaluator in a certain location, unless the district use the same criteria for their evaluations; and
Your district cannot put a maximum on the fee they are willing or able to pay for the IEE, if this compromises your ability to get an IEE.
You are entitled to only one IEE per school evaluation with which you disagree.
The school district must respond to your request for an IEE without “unnecessary delay.” They must either pay for the IEE, or bring a due process hearing against you.
The IEP team must review and consider the results of an IEE; however, they do not have to accept the results of the IEE.
For more information on Annual Reviews, see the April issue of Hudson Valley Parent and check back next week for Part Two of this Blog "How to Select an Evaluator"