Tuolumne County SELPA
BUSINESS AND NONINSTRUCTIONAL OPERATIONS
Independent Educational Evaluations
AR 3557
This regulation sets forth the process under which students with disabilities are entitled to an IEE at public
expense.
DEFINITIONS:
“Independent educational evaluation” means an evaluation conducted by a qualified examiner who is not
employed by the responsible local educational agency (LEA).
“Public expense” means that the LEA/ Tuolumne County Special Education Local Plan Area (SELPA) either pays
for the full cost of the evaluation or evaluation components or ensures that the evaluation or evaluation
components are otherwise provided at no cost to the parent.
Prior to obtaining an independent educational evaluation, parents/guardians should contact the SELPA
office or LEA to discuss assessment questions and options.
Parents may only request one publicly funded independent educational evaluation for each evaluation
completed by an LEA. In accordance with applicable laws, the parents must request the independent
educational evaluation within two years of the date that the results of the LEA evaluation were shared with
the parents.
PARAMETERS FOR SEEKING INDEPENDENT EDUCATIONAL EVALUATION:
If a parent disagrees with an evaluation by the LEA and seeks an independent educational evaluation, the
SELPA/LEA will, without unnecessary delay, either initiate a due process hearing to show that its evaluation is
appropriate or will provide the parent an opportunity to obtain an independent educational evaluation in
accordance with this policy by arranging for the independent educational evaluation at public expense. The
SELPA/LEA requires that the parent first inform the SELPA/LEA in writing or communicate to the SELPA/LEA at
an IEP meeting that the parent:
1.
2.
Disagrees with a LEA evaluation; and
Is requesting an independent educational evaluation at public expense.
EXPLANATION OF DISAGREEMENT:
If a parent/guardian requests an independent educational evaluation at the expense of the SELPA/LEA, the
parents will be asked for a reason why they object to LEA’s evaluation. The explanation by the parent is not
required. In addition, the SELPA/LEA may not unreasonably delay completion of a new assessment,
completion of the independent educational evaluation at public expense, or the initiation of due process
hearing to defend its evaluation. There is no requirement that the parents specify areas of disagreement with
LEA’s evaluation as a prior condition to obtaining the independent educational evaluation.
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SELPA/LEA’s RESPONSE TO A REQUEST FOR AN INDEPENDENT EVALUATION:
When a request is received for an independent educational evaluation at public expense, the SELPA/LEA will,
without unnecessary delay, offer the parent/guardian an alternative examiner (option 1 below) and provide
options for an independent educational evaluation at public expense (option 2, 3 or 4 below) as follows:
1.
2.
3.
4.
A staff member from another school;
A staff member from another LEA in the SELPA;
A staff member from another SELPA; or
A private sector provider.
Once the parent/guardian chooses an option, the SELPA/LEA will arrange for the alternative evaluator,
contract with an independent examiner, or otherwise ensure that an independent educational evaluation is
provided at public expense.
If the SELPA/LEA initiates a hearing and the final decision is that the LEA’s evaluation is appropriate, the
parent/guardian still has the right to an independent educational evaluation, but not at public expense.
TIMELINE REGARDING INDEPENDENT EDUCATIONAL EVALUATIONS:
In the interest of consistency between public and private evaluations, the SELPA/LEA encourages
parents/guardians to choose an option for additional assessment offered by the SELPA/LEA within 15 days of
receiving the options.
After the parent/guardian of the student with a disability chooses an option for an additional evaluation signs
an assessment plan, and provides a written release and exchange of information between the school district
and the independent evaluator, the SELPA/LEA will arrange for or initiate a contract with the examiner within
15 days of the date that the parent’s written consent to the evaluation is received by the SELPA/LEA.
The SELPA/LEA will make arrangement for a new evaluation, or contract with a qualified independent
examiner who is able to provide a written report for an IEP meeting, within 60 days of the date of contracting
for an evaluation. If the selected evaluator cannot meet the time line, the SELPA/LEA will inform the
parent/guardian and ask for agreement to an extension of time or selection of another option and/or
evaluator.
INFORMATION PROVIDED TO PARENTS:
Upon parent/guardian request for an independent educational evaluation, the SELPA/LEA will provide the
parents/guardians with a copy of its policy, procedures and criteria for independent educational evaluations.
CONSIDERATION OF THE INDEPENDENT EDUCATIONAL EVALUATION:
Independent educational evaluations are designed to determine the educational needs of disabled students.
The LEA is responsible for determining placements and services. Therefore, the LEA will consider
recommendations obtained in independent educational evaluations completed in accordance with this policy
and its implementing procedures and criteria. However, independent educational evaluations will not control
the LEA’s determinations and may not be considered if not completed by a qualified professional, as
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determined by the SELPA/LEA.
PARENT INITIATED EVALUATIONS:
Parents are requested but are not required to notify the SELPA/LEA prior to obtaining an independent
educational evaluation. However, if parents obtain an independent educational evaluation and the SELPA/LEA
demonstrates through a due process hearing that the evaluation completed by the LEA was appropriate or
that the parents’ evaluation did not meet SELPA/LEA criteria, the parents will not be reimbursed the cost of
the evaluation.
If the parents obtain an independent educational evaluation at private expense, the results of the evaluation:
1.
2.
Must be considered, if it meets the SELPA’s criteria, in any decision made with respect to the
provisions of a FAPE to the student; and
May be presented as evidence at a due process hearing regarding that student.
EVALUATIONS ORDERED BY HEARING OFFICERS:
If a hearing officer requests an independent educational evaluation as part of a hearing, the cost of the
evaluation must be at the SELPA/LEA’s expense.
TUOLUMNE COUNTY SELPA’s CRITERIA:
1.
2.
3.
4.
If an independent educational evaluation is at the SELPA/LEA’s expense, the criteria under
which the evaluation is obtained, including the location limitations for the evaluation, the
minimum qualifications of the examiner, costs limits, and use of approved instruments must be
the same as the criteria that the SELPA/LEA uses when it initiates an evaluation.
As part of an independent educational evaluation at the SELPA/LEA’s expense, the examiner
shall follow guidelines for the SELPA/LEA’s evaluations which include, but are not limited to,
observing the student in an appropriate setting. The independent examiner shall attend the IEP
team meeting by phone or in person at which time the evaluation will be discussed. The
SELPA/LEA will pay the independent examiner to attend the IEP team meeting as part of the
evaluation responsibilities, which also include a classroom visitation and interviews with
parents and staff.
If the LEA observed the pupil in conducting its assessment, or when LEA procedures make it
permissible to have in-class observation of a student, the equivalent opportunity shall apply to
an independent educational evaluation of the student in the student’s current educational
placement and setting, and observation of an educational placement and setting, if any,
proposed by the IEP team. This opportunity shall also be provided if the parents obtain an
evaluation at private expense.
The LEA shall define the nature and scope of an independent examiner’s in-class observations
consistent with the right to an equivalent opportunity to observe, but also consistent with its
obligations to prevent unnecessary disruption in the class and to protect the privacy interests of
other students. This may include, but not be limited to, identifying the time constraints of such
observation, LEA personnel who will participate in the observation and restrictions on
student/teacher interactions.
CIRCUMSTANCES RESULTING IN EVALUATIONS NOT FUNDED BY THE SELPA/LEA:
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Since the parent/guardian must first disagree with the LEA’s evaluation, the SELPA/LEA does not have an
obligation to reimburse parents/guardians for privately obtained evaluations obtained prior to the date that
the LEA’s evaluation is completed and discussed at an IEP team meeting. The SELPA/LEA is not obligated to
reimburse parents for privately obtained evaluations if the parent disagrees with the LEA’s evaluation and
independently seeks a private evaluation without first notifying the SELPA/LEA of their disagreement with the
LEA’s assessment and requesting an independent educational evaluation from the SELPA/LEA.
INDEPENDENT EDUCATIONAL EVALUATIONS – CRITERIA
Location Limitations for Evaluators
Evaluators must be located within the SELPA. Evaluators outside of this area will be approved only on an
exceptional basis if the parents can demonstrate the necessity of using personnel outside the specified area.
Costs beyond the evaluation (i.e., transportation, lodging, food, etc.) are not covered in the cost of the
independent evaluation.
Minimum Qualifications for Evaluators
All assessments must be conducted by persons competent to perform the assessment, as determined by the
District/SELPA (E. C. 56322). All assessments must be conducted in accordance with all requirements of
Federal and State law including, but not limited to, observing the student in the appropriate setting (Education
Code section 56327) and conducting evaluations in accordance with Education Code section 56320.
Evaluators with credentials other than those listed below will not be approved unless the parent can
demonstrate the appropriateness of using an evaluator meeting other qualifications.
Type of Assessment
Qualifications
Academic Achievement
Credentialed Special Education Teacher,
Licensed Educational Psychologist, or
Credentialed School Psychologist
Adaptive Behavior
Licensed Educational Psychologist,
Credentialed Special Education Teacher,
Credentialed School Psychologist
Assistive Technology
Credentialed or Licensed Speech/Language Pathologist
Credentialed / Certified Assistive Technology Specialist
Credentialed Special Education Teacher
Auditory Acuity
Licensed or Certificated Audiologist
Credentialed or Licensed Speech/Language Pathologist
Auditory Perception (CAP)
Licensed or Certificated Audiologist
Credentialed or Licensed Speech/Language Pathologist
Cognitive
Licensed Educational Psychologist,
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Credentialed School Psychologist
Health
Licensed Physician
Nurse
Motor
Licensed Physical Therapist,
Licensed Occupational Therapist,
Adaptive Physical Education Specialist or Instructor
Credentialed Teacher of the Physically Impaired
Speech and Language
Certified or Licensed Speech/Language Pathologist
Social / Emotional / Behavioral
Credentialed School Psychologist,
Licensed Educational Psychologist
Licensed or certified Behavior Analyst
Functional Vision
Certified Teacher of the Visually Impaired
Visual Acuity/Developmental Vision
Licensed Ophthalmologist
Licensed Optometrist
Vision-Motor Integration
Credentialed School Psychologist
Licensed Educational Psychologist
Cost Limitations for Evaluations
The cost of an IEE shall be comparable to those costs that the LEA incurs when it uses its own employees or
contractors to perform a similar assessment. Costs include: observations, administration and scoring of tests,
report writing, and attendance in person or by phone at an IEP team meeting. Reimbursement will be in an
amount no greater than the actual cost to the parent and will be subject to proof of payment.
When insurance will cover all or part of the costs of the independent evaluation, the LEA will request that the
parents voluntarily have their insurance pay the independent evaluation costs covered by their insurance.
However, parents will not be asked to have insurance cover independent evaluation costs if such action would
result in a financial cost to the parents not reimbursed by the LEA including, but not limited to the following:
1.
2.
3.
A decrease in available lifetime coverage or any other benefit under an insurance policy;
An increase in premiums or the discontinuance of the policy; or
An out of pocket expense such as payment of a deductible amount incurred in filing a claim.
As part of the contracted evaluation, independent evaluators must:
1. Attend relevant IEP team meetings by phone or in person to discuss their findings;
2. Provide protocols of all the assessments; and
3. Provide a written report prior to the IEP team meeting.
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The written report must meet the requirements of the Individuals with Disabilities Education Act and
California Education Code Section 56327. Independent evaluators must agree to release their assessment
information and results to the LEA prior to receipt of payment for service. The results of the independent
evaluation will be considered in the determination of eligibility, program decisions, and placement of the
student with disabilities as required by the Individuals with Disabilities Education Act and/or Section 504 of the
Rehabilitation Act of 1973.
Approved by the Tuolumne County SELPA Governing Board on May 15, 2006
Approved by the Tuolumne County SELPA Governing Board on June 18, 2012
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