According to
state and federal special education laws, parents/guardians have the right to
an Independent Educational Evaluation (IEE) of their child at public expense if
they disagree with an evaluation of the child conducted by the Waterford Public
Schools (the “District”). The District has established the following procedure
for obtaining an IEE at public
expense and criteria for the selection of an appropriate evaluator.
Definitions
An Independent Educational Evaluation (IEE) is an evaluation conducted by a qualified
examiner who is not employed by the District, which is the public agency
responsible for the education of the child.
An evaluation means the formal testing
and/or assessment procedures used to determine whether a child has a disability
and the nature and extent of the special education and related services the
child needs (i.e., an initial evaluation or reevaluation as those terms are
used under the Individuals with Disabilities Education Act). Evaluation does not mean a limited or
targeted assessment, including but not limited to, a functional behavioral
assessment.
Public expense means the District either pays for the
full cost of the evaluation or ensures the evaluation is otherwise provided at
no cost to the parents/guardians.
Procedure
A. Upon receipt of a request for an IEE by a parent/guardian, the District will,
without unnecessary delay, either: (a) initiate a due process hearing
to show that the evaluation of the child conducted by the district is
appropriate; or (b)
provide an IEE at public expense, unless the District demonstrates through a
due process hearing that the evaluation obtained by the parent did not meet the
District’s criteria. The District will
provide the requesting parent/guardian with a written response to the IEE
request generally within ten (10) school days if the request is made during the
academic year, or within fourteen (14) calendar days if the request if made in
between school years, although the response timeline will be fact-specific. If the District requests a hearing and the
final decision is that the District’s evaluation of the child is appropriate,
the parent/guardian still has the right to an IEE, but not at public expense.
B. If, in response to the parent/guardian
request for an IEE, the District agrees to provide the IEE at public expense,
the District will provide names, addresses, and phone numbers of possible IEE
evaluators who meet the District’s criteria (as
set forth below). The list will
identify those evaluators who, in the District’s judgment, are qualified to
perform the evaluation requested by the parents. Parents/guardians may also select evaluators
not included on the District’s list, provided the evaluators fully satisfy all
of the criteria set forth below.
Parents/guardians have the opportunity to demonstrate unique
circumstances to justify the use of an independent evaluator who does not meet
the District’s IEE criteria.
C. Parents/guardians will be expected to
contact the evaluator they have selected to conduct the IEE in a timely manner and
to schedule any necessary appointments.
D. The District will only fund or reimburse a
parent/guardian for the cost of an IEE if the District receives a copy of the
IEE from the parent/guardian or evaluator and it meets the District’s criteria
as set forth here. If written consent is
required for the independent evaluator to provide the results of the IEE to the
District and the parent/guardian refuses to provide consent, thereby denying
the District access to the information in the IEE, the District will deny
funding or reimbursement for the IEE because the District will be unable to
consider the results of the IEE.
Voluntary Resolution and Mediation
A. After an IEE request is made, the
parent/guardian and the District may agree to engage in a voluntary resolution
process through which the parties attempt to resolve the issues and concerns
related to the IEE request. The period
of time for resolution shall be not be considered an unnecessary delay in
responding to the request of the parent/guardian for an IEE at public
expense. If the parties agree to this
process, each party shall sign the District’s Voluntary Resolution form.
B. The parties shall agree on a reasonable
period of time for resolution. This
reasonable period of time generally shall not exceed twenty (20) school days
from the initial request when the request is made during the school year, or
thirty (30) calendar days from the initial request when the request is made in
between school years.
C. The parties may also agree to engage in
mediation through the Connecticut State Department of Education or another
independent mediator. Voluntary
participation in the mediation process shall not be considered an unnecessary
delay in responding to the request of the parent/guardian for an IEE at public
expense.
D. If the parties do not resolve the dispute
after the voluntary resolution period or mediation, the District shall either
file a request for due process or ensure that the IEE is provided at public
expense.
Criteria for Independent Evaluators
Evaluators chosen
to conduct independent evaluations must meet ALL of the
criteria established by the district as follows:
A.
Minimum
Credentials for Evaluators
1. For
Psychologists:
a. Licensure or
Certification
Psychologists
must either:
1) Hold
a valid license as a psychologist from the Connecticut Department of Public
Health and have achieved a Doctor of Philosophy (Ph.D.) or Doctor of
Psychology (Psy.D.) in Psychology, Neuropsychology or Clinical Psychology from
an accredited university; OR
2) Hold
an appropriate and valid certificate in school psychology from the Connecticut State
Department of Education.
b. Additional Requirements:
Psychologists
must:
1)
Have
training and experience in evaluating students of the same age level; and
2)
Have
clinical background, advanced training, and recent experience in the areas of
disability being evaluated.
2. For
individuals conducting academic achievement testing, the individual must either:
a.
Fulfill
the following requirements:
1)
Have experience and training in
teaching and evaluating students in the area of suspected disability; and
2) Have
attained a minimum of a Master’s degree; or
3)
Hold an appropriate and valid
special education or other academic specialization (such as reading or mathematics)
certificate from the Connecticut Department of Education.
OR
b.
Fulfill the requirements of
the psychologist above.
3. For
Speech Pathologists, Audiologists, Occupational Therapists, Physical Therapists
and Physicians:
a.
Hold
a valid license to practice from the Connecticut Department of Public Health or Department of
Education, as applicable;
b.
Have
clinical pediatric experience in evaluating and treating children in the area
of disability being evaluated; and
c.
In
the case of physicians, be Board Certified in the appropriate specialty area
(pediatrics, care of children and adolescents, etc.).
4. For
individuals conducting assistive technology testing, the individual must either:
a.
Fulfill
the following requirements:
1)
Have experience and training in
teaching and evaluating assistive technology needs for students in the areas of
suspected disability; and
2) Have
attained a minimum of a Master’s degree; or
3)
Hold an appropriate and valid
special education or other academic specialization (such as reading or mathematics)
certificate from the Connecticut Department of Education.
OR
b.
Fulfill the requirements for
Psychologists, Speech Pathologists, Audiologists, Occupational Therapists,
Physical Therapists or Physicians listed above and have experience and training
in teaching and evaluating assistive technology needs for students in the areas
of suspected disability.
- Cost: Evaluators
must charge fees for evaluation services which, in the judgment of the District,
are reasonable and customary for such evaluations. Parents/guardians may request specific
cost information from the District. Parents/guardians have the opportunity
to demonstrate unique circumstances to justify the use of an independent
evaluator whose fees exceed the district’s criteria.
- The evaluator must not be an employee
of the District.
- The evaluator must be permitted to
directly communicate with school staff who work with the child in District-provided
school programs and the members of the Planning and Placement Team (PPT),
including the Director or Special Education/Pupil Services or designee, as
well as to obtain information from the school program and share
information with the District.
- The evaluator must obtain and
consider school information and observations of the child in the school
setting in the evaluation process and the written report. All in-school observations as part of an
IEE must be scheduled in advance with the Director or Special
Education/Pupil Services or designee.
The scope, schedule, setting and length of any such observations
shall be based, in part, on the purpose of the IEE and the District’s
obligation to ensure programming of all of its students free from
disruption. The District may limit the length of in-school observations
that are part of IEEs to the same length as observations conducted as part
of District evaluations.
F. The
evaluator must agree to provide the assessment information and results,
including the results of teacher and parent checklists and surveys, in a
written report to the District prior to receipt of payment for services. If the District has agreed to pay the
independent evaluator directly, the report shall be provided to the District
and the parent/guardian at the same time.
In addition, if the District, in its sole discretion, determines that it
needs to review the test protocols used by the independent evaluator conducing
the IEE, the District will require that the independent evaluator provide an
opportunity for District officials to inspect and review the test protocols and
the independent evaluator must provide an explanation of the test protocols if
requested by the District.
- The evaluator must comply with all requirements
under the Individuals with Disabilities Education Act (IDEA) and its
implementing regulations and the Connecticut State Department of Education
regulations regarding the evaluation of children with disabilities. The failure of an evaluator to comply
with these federal and state regulations regarding requirements for
evaluations means that the IEE performed by the evaluator does not meet
District criteria. For reference, the applicable federal and state
regulations are included in an appendix to these criteria. The evaluator must also comply with all
applicable confidentiality requirements under state and federal law.
After Completion of the IEE
The results of an
IEE, whether funded by the District or obtained by the parents at private
expense, if it meets District criteria, will be considered in any decision with
respect to the provision of a free appropriate public education to the student.
The PPT is not required to implement the recommendations from the IEE or to
invite the independent evaluator to the PPT meeting. The District shall take reasonable steps
designed to ensure that a participant of the PPT meeting can interpret the
instructional implications of the IEE results.
Geographic Location
Evaluators who
will be considered for approval must be located within a radius of seventy-five
(75) miles of the District. The District
shall not be responsible to provide transportation, nor pay any travel
expenses, to and from the location of the evaluator. Parents/guardians have the opportunity to
demonstrate unique circumstances to justify obtaining an IEE from an evaluator
located outside of these geographic limitations.
Additional Information
If the District
has not conducted an evaluation of a child, or an evaluation or reevaluation of
the student is currently pending, the parent/guardian does not have a right to
an IEE at public expense. The District
has the right to conduct its evaluation or reevaluation first. A parent/guardian may request only one IEE at
public expense for each evaluation conducted by the District and must make a
request for an IEE at public expense based on disagreement with the most
recently completed evaluation or reevaluations conducted by the District.
Private Evaluations Obtained by Parents/Guardians
Evaluations
and/or assessments obtained by parents/guardians that do not meet the criteria
for an IEE are considered parent-initiated private evaluations for which
parents/guardians are not entitled to reimbursement or payment from a public
school district.
Limited or Targeted Assessments
A parents/guardian is not entitled to an IEE at public expense based on
the parent’s/guardian’s disagreement with a limited or targeted assessment
obtained by the District.
Questions
Please contact
the Director of Special Education/Pupil Services with any questions regarding
the criteria for IEEs.