Skilled Guidance For Independent Educational Evaluations
Because evaluation is a key piece of securing the educational accommodations and benefits that your child is entitled to, it may seem right to wait for an expert. However, that wait can be lengthy, and it is extremely hard to watch your child struggle with school. Thankfully, there’s another way forward.
At Augustin Egelsee, LLP, you can work with us, Danielle Augustin and Edwin Egelsee – educational law attorneys with over 50 years of combined experience. We have more than a professional interest in your cases. We have personal stakes in these issues. We know the law, and we guide our clients in Orange County through these struggles with skill and confidence. We provide you with the information you need, and that starts with one very important fact:
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 the students receive an IEE at district expense.
What Should I Expect From An IEE?
If you request an IEE, it is essential to understand your rights and the rights of your child. The Individuals with Disabilities Education Act (IDEA) outlines these rights. You have the right to request an IEE if the initial assessment was inadequate. You can also demand that the school district cover the cost. The IEE you request must adhere to the same criteria as a school evaluation, and a qualified, trained professional must conduct it. You might want to request an IEE for several reasons:
- You disagree with the school’s evaluation, which did not find evidence of a disability requiring special education services.
- The school’s assessment failed to properly evaluate all areas of unique need (i.e. speech/language, occupational therapy, behavior, academics, processing and social-emotional).
- The administration of the tests was inappropriate.
You also have the right to fund an IEE privately. If you choose to share the results with the school after funding it yourself, the school must at least consider these results.
As the most important advocates for their children, parents can fight for the specific resources their children need for a comprehensive and fair educational experience. Seeking guidance from an experienced professional may be useful as you advocate for what your child needs to succeed in the classroom.
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 law does not require parents 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. As experienced attorneys at Augustin Egelsee, LLP, we 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 us the child’s apparent needs and also allow us 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 us to work with skilled special education attorneys at Augustin Egelsee. Call 714-602-1498 or 866-781-7723 toll-free. As special education lawyers, we have taken on thousands of these cases and understand the steps necessary to get your child the free, appropriate public education he or she deserves under the law.
We provide effective and efficient legal representation with the goal of improving the lives of the children we represent.