INDEPENDENT EVALUATIONS:
Negotiating the Maze
Negotiating the maze of special education
rules and requirements can be a confusing and frustrating journey for many
parents and professionals. One of the most misunderstood areas is independent
educational evaluations.
This fact sheet will help provide parents with an understanding of the who,
why, where, how and what of independent educational evaluations. It includes
answers to commonly asked questions about independent educational evaluations.
The information in this publication is intended as a guideline only. For
information regarding specific issues please refer to the corresponding
sections of Chapter 101, Maine Special Education Regulations or contact
any of the organizations listed on the back of this sheet.
Overview of Initial Process
When a student is first referred to special education, a complete and individual
educational evaluation is done to determine whether or not the child needs
special education services in order to benefit from his or her education.
This initial evaluation should include an array of objective tests and observations
in all areas of suspected disability. If the child is identified as qualifying
for special education, subsequent evaluations must be done at least every
three years, but may be done more frequently if determined appropriate.
Once an evaluation is conducted by the school unit, a parent has the right
to disagree with the results or a portion of the results of the evaluation.
If this happens, the parent may request an independent educational evaluation
(IEE) from the school unit and ask that they pay for that evaluation. The
parent may also obtain an IEE on his/her own without any obligation to notify
the school unit in advance and then ask the school unit to reimburse that
cost. In either case, if the school unit disagrees with the request, the
school unit must pursue a due process hearing to determine if its evaluation
was appropriate.
Commonly Asked Questions
Question 1: What is an independent educational
evaluation?
A. An independent educational evaluation
is an evaluation performed by an appropriately trained and certified evaluator
who is not an employee of your public school unit. Your child's Pupil Evaluation
Team (PET) must consider any independent educational evaluation you obtain
of that child and provide to the school unit, regardless of whether the
school paid for that evaluation or not.
You have the right to an independent educational evaluation paid for by
the school unit in response to a school-provided evaluation of your child
with which you disagree. In certain situations described below, the school
unit may refuse your request that the school unit pay for the evaluation.
If the school unit refuses your request, the school unit must ask for a
due process hearing from the Maine Department of Education to determine
whether the school unit was correct in its decision.
Question 2: Why and when would I ask for an independent educational evaluation?
A. When a student is referred to the Pupil Evaluation Team as possibly
needing special education supports and services, the school unit is required
to do a complete and individual assessment of your child's educational needs.
This is referred to as an initial evaluation. This evaluation must address
all areas of suspected disability which may include: health, vision, hearing,
social and emotional status, general intelligence, academic performance,
communicative status, and motor abilities. The Pupil Evaluation Team may
also determine that further evaluation is needed. School units must conduct
subsequent testing every three years, but may do so more frequently if the
need for additional testing is identified. An independent educational evaluation
would be done when the parents disagree with the results of an evaluation
conducted by or obtained by the school unit.
If you feel that the evaluation conducted by the school unit does not correctly
describe your child's strengths and needs, you may request an independent
educational evaluation at the school unit's expense.
Question 3: What happens if the school unit refuses my request for an independent
educational evaluation?
A. The school unit may deny your request for an IEE at public expense for three reasons. The school unit should notify the parent within (30) thirty days which of these three reasons they used as a basis for their denial.
* The school unit believes that the evaluation conducted or obtained by them is appropriate.
* The school unit believes that the person(s) you have chosen to conduct the IEE is not qualified and/or;
* The school unit believes that the cost of the independent educational evaluation is excessive.
Although the special education regulations do not require that the school
unit's evaluation be the best or provide maximum benefit to a student, they
are required to provide evaluations which are appropriate. You should bear
this in mind when deciding whether to request that the school unit pay for
the independent educational evaluation.
In the event that the school unit denies your request for an IEE for any
of these reasons, the school unit is obligated to file a request for a due
process hearing to determine if:
* the evaluation conducted by the school unit was appropriate;
* the evaluator who conducted the independent educational evaluation was qualified and/or;
* the costs of the evaluation were reasonable or excessive.
Question 4: What is an "appropriate" evaluation?
A. Appropriate evaluations must be conducted by a qualified evaluator(s)
using a variety of assessments which provide the school unit with the necessary
information to determine if your child is eligible for special education
or to determine an appropriate program or placement for your child.
The evaluations must:
* measure the child as a learner assessing both his/her educational strengths and areas of need;
* be conducted according to the standards set by the publisher of the evaluation; and
* be conducted by an appropriately licensed and/or certified evaluator(s).
A qualified evaluator is a person who holds
the required state certification and/or licensure. A valid evaluation is
one which has been conducted according to the manufacturer of the test.
A non-discriminatory evaluation measures the child as a learner assessing
both his/her educational strengths and areas of need, and has no cultural
bias.
Question 5: If I disagree with only a portion of the evaluation conducted
by the school, do I need to request a complete independent educational evaluation,
or can I have only part done?
A. You only need to have the IEE done in the area you disagree with.
You should let the school unit know which part(s) of the evaluation you
do not agree with.
Question 6: Do I need to notify the school unit before having an independent
educational evaluation done?
A. You are not required to notify the school unit before obtaining an
independent educational evaluation. You can have the IEE done and then ask
the school unit to reimburse you for the cost of the IEE. The school unit
must either agree to pay for the independent educational evaluation or request
a due process hearing to determine the appropriateness of the evaluation
done by the school unit.
When a parent has an IEE done on his/her own without notifying the school
unit first, he/she is financially responsible for the cost of that evaluation.
If the parent intends to seek reimbursement from the school unit for the
cost of an independent educational evaluation, the parent is responsible
for the cost until such time as the school agrees to pay for the evaluation
or a hearing officer determines that the school is responsible for the cost
of the evaluation.
Question 7: Who do I contact to make a request for an independent educational
evaluation?
A.
According to the Maine special education regulations you are not required
to notify the school unit prior to having an independent educational evaluation
done on your child. If you choose to notify the school unit prior to having
an IEE done on your child, it is recommended that you make a formal request
in writing to the Director of Special Services or the Superintendent for
your school system.
Question 8: Who pays for an independent educational evaluation?
A. You are entitled to have an IEE done at public expense if you disagree
with all or part of the school unit's evaluation. When you make a request
for an independent educational evaluation at public expense, the school
unit must respond to your request within thirty (30) days. If the school
unit grants your request for an independent educational evaluation, the
school unit must pay for that evaluation. School units may limit the amount
they will pay for an IEE based on what is reasonable for similar evaluations
from the same geographic area. School units must base their rates on firm
information and clear documentation of rates for that area. Under certain
circumstances, higher rates may be justified.
If the school unit denies your request for an independent educational evaluation,
the school unit must file for a due process hearing to determine who is
obligated to pay for the independent educational evaluation.
Question 9: What is a due process hearing?
A. The Individuals with Disabilities Education Act provides due process
for parents when they disagree with the identification, evaluation, program
or the provision of a free appropriate public education to their child with
a disability or a suspected disability. A hearing is the opportunity for
a parent and the school unit to resolve their dispute by presenting evidence
and testimony to an impartial hearing officer.
Question 10: Where can I get a list of independent evaluators?
A. If you request it, the school unit must provide you with a list of
where you can obtain an IEE. Names of evaluators provided to you by the
school unit should not be employees of the school. Qualified individuals
in private practice under contract with a school unit who have not previously
evaluated, instructed or provided consultation regarding a particular student
are eligible to provide an independent educational evaluation of the student.
Suggestions for names of independent evaluators are also available from
a variety of sources including, but not limited to,s parent advocacy groups,
and professional organizations.
Question 11: What are the required qualifications of an independent evaluator?
A. Any person who conducts an evaluation must meet the professional
qualifications of the publisher of the evaluation or assessment. Qualified
evaluators include Maine Department of Education certified school psychological
service providers, special education teachers, special education consultants,
speech clinicians, vocational evaluators and Maine licensed audiologists,
occupational therapists, physical therapists, social workers, and speech
pathologists.
Question 12: If I pay for the independent educational evaluation, is the
school unit still required to consider it in determining a program for my
child?
A. School units are obligated to consider the results of all evaluations
conducted on a student. Any information provided to the school unit and
used to help determine the appropriate program for your child should be
considered relevant. The quality and strength of an independent educational
evaluation often determines how much weight it is given at the PET meeting.
Question 13: Under what conditions can an independent educational evaluation
be done out of state?
A. Currently, an out of state evaluation is permissable when:
* the parent is paying for the evaluation;
* the out of state evaluator holds current Maine certification and/or licensure subject to cost and geographic limitations or;
* the parent or the school requests and the school receives prior written approval from the Maine Department of Education.
NOTE: When a parent obtains an out of state evaluation from an individual(s)
who does not hold Maine certification and/or licensure, and does not request
or receive prior written approval, the parent is responsible for the cost
of the evaluation unless a hearing officer determines that the school is
responsible for the cost of the evaluation.
Question 14: Does the school unit have to follow the recommendations made
in the independent educational evaluation?
A. The school unit must consider recommendations made in all evaluations,
both those conducted by the school and independent educational evaluations.
The Pupil Evaluation Team (PET) need not adopt any recommendations in the
evaluation, yet if you feel that there are recommendations made in an evaluation
that are necessary for your child's special education program, and they
are not included in your child's Individual Education Plan (IEP), you may
exercise your procedural safeguards and request a due process hearing. In
this case the request for a due process hearing would be in the area of
your child's proposed program or the provision of a free appropriate public
education and not a disagreement about the evaluation itself.
Question 15: If I had an evaluation done prior to the school unit's identification
of my child, does the school unit need to do their own evaluation?
A. The school unit is obligated by law to screen all students who are
referred to the school unit for special education services. All previous
testing and evaluations must be considered in determining an appropriate
and least restrictive environment for the student to receive educational
services. The Pupil Evaluation Team may at any time recommend further testing
and evaluations to help in determining appropriate educational services.
For more information on this or other topics related to the needs of children
with disabilities, call the Maine Parent Federation/Special-needs Parent
Information Network at 1-800-870-7746 (In-State Only) or write: MPF/SPIN, P.O. Box 2067, Augusta, Maine
04338-2067
This fact sheet is a collaborative effort between:
Maine Parent Federation/Special-needs Parent Information Network (MPF/SPIN)
Maine Association of Directors of Services for Children with Exceptionalities (MADSEC)
Maine Department of Education, Division of Special Services
Maine Advocacy Services
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