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Special Education Law

Parents Can Request An Evaluation

A parent has the right to an Independent Educational Evaluation (IEE) at district expense if the parent disagrees with an evaluation obtained by the public agency.  If a parent requests an IEE at district expense, the district must, without unnecessary delay, either file a due process complaint to request a hearing to show that its evaluation is appropriate, or ensure that an IEE is provided at district expense.

When Parents Request IEEs

If the school district files a due process complaint to request a hearing and the final decision is that the agency’s evaluation is appropriate, the parent still has the right to an IEE, but only at personal, and not district expense.  If a parent requests an IEE, the public agency may ask for the parent’s reason for objecting to the public evaluation.  However, the public agency may not require the parent to provide an explanation and may not unreasonably delay either providing the IEE at public expense or filing a due process complaint to request a due process hearing to defend the public evaluation.

School Response Options

Essentially, when a parent requests an IEE, a school district has two options: (1) Grant the IEE, choose an assessor with the parent, and pay for it; or (2) Take the parent to due process to defend the district’s own assessment. The district can request an explanation from the parent as to why they disagree with the district’s assessment, but the parent is not required by law to provide such an explanation, and a school district cannot make the provision of an IEE depend on the parent providing an explanation.

The elements that constitute an inappropriate assessment are very child-specific and can be extremely difficult to know. The attorneys at Augustin Egelsee, LLP have extensive experience with reviewing assessments and are specifically trained in testing measures used by school districts and private assessors. A review of your child’s cumulative school file will show the attorney the child’s apparent needs, and also allow the attorney to review any and all assessments of your child to determine their legal sufficiency, and whether or not your child may be entitled to an IEE at district expense.

Also, if the school district has denied your request for an IEE and filed due process, contact the special education attorneys at Augustin Egelsee or call 714-602-1498 (or 866-781-7723 toll free). Our lawyers have taken on thousands of these cases and understand the steps that are necessary to get your child the free appropriate public education he or she is legally entitled to.

We provide effective and efficient legal representation with the goal of improving the lives of the children we represent.

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