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Barre Town Supervisory
District Policy Manual
TITLE: Independent
Education Evaluation Procedures CODE: IHBB-R
Independent Education
Evaluation Procedures
Independent Educational evaluations Paid
for by the School District
In order for parents or guardians to
request payment by this school district for an independent educational
evaluation, the following procedures shall be followed:
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At the time the Written Evaluation Report, or other report, of
evaluation by the district is delivered to the parents, and/or when
parents inquire concerning independent evaluations, the parents shall be
provided with a copy of this local procedure and policy, including
attached Schedules.
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Parents and guardians are encouraged to consult, in advance of
scheduling an evaluation, with the Director of Special Education
concerning the need for an independent evaluation and the qualifications
of the evaluator and relevant local evaluations standards. The director
(or designee) may inquire of the parents the reason(s) why they object
to the evaluation teams' evaluation, but the parents may not be required
to respond, and the district may not unreasonably delay the providing of
the evaluation or the filing for due process, whichever the district
decides to do.
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An independent evaluation at public expense must be obtained under the
same criteria that the district uses when it initiates an evaluation.
See "Criteria for Evaluations Initiated by District or Parents at Public
Expense (Schedule A)". The district may challenge and refuse to
reimburse any evaluator/evaluation (or part thereof) not meeting the
criteria by requesting a due process hearing. The request for due
process should be made without unnecessary delay.
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The Director of Special Education shall provide parents or guardians,
upon request, with a list of evaluation agents/sites that provide
evaluations in the required geographic area. (See Schedules A and B).
Parents and guardians are not required to select an evaluator from the
list. Inclusion on the list does not constitute an endorsement by the
school district of any evaluator listed, nor does it constitute a
representation that those listed have the licensing or other
qualifications to perform a particle evaluation or test. Parents should
make sure that the evaluator is located within the required geographic
area, and should verify with a potential evaluator that the evaluator
meets the qualification criteria of Schedule A., with respect to the
particular evaluation or test to be performed.
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Except for the criteria described in the IEE policy, this procedure, and
Schedules A and B, the district may not impose conditions or time lines
related to obtaining an independent educational evaluation at the
district's expense. 34 C.F.R. 300.502(e)(2)
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The results of any independent evaluation which meets the school
district independent evaluation criteria, whether or not paid for at
district expense, and whether or not it precedes or follows a district
evaluation, shall be considered by the Evaluation and Planning Team (EPT)
and/or IEP Team meeting participants in any decision made with respect
to the provision of a free appropriate public education to the student
and may be presented as evidence in a due process hearing regarding that
child. Where a decision has been made prior to the availability of the
results of the IEE, the relevant team should be convened to consider the
IEE results.
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The district is not required to fund more than one parent-initiated
independent evaluation for each district evaluation with which the
parent disagrees. Each time the district conducts an evaluation with
which the parent disagrees, however, the parent has a right to an
independent evaluation. Parents are not entitled to reimbursement for
independent evaluations that are not initiated as a result of
disagreement with an evaluation by the district. The district always has
the alternative of seeking a due process determination that its
evaluation was appropriate.
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Where a parent or guardian has obtained an independent evaluation
without first consulting the Director of Special Education,
reimbursement shall nonetheless be subject to all conditions and
criteria set forth herein, including the IEE policy, Schedules A and B.
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NOTE: Where a parent feels that an evaluation is required A. because a
child's performance, behavior or condition has changed since the last
evaluation conducted by the evaluation and planning team; or B. because
the child's performance, behavior condition warrants evaluation of an
area not previously evaluated,
The parent should request that a
re-evaluation or supplemental evaluation be performed through the
evaluation and planning team. The evaluation and planning team shall
promptly convene a meeting to arrange for the evaluation pursuant to usual
procedures. If the parents disagree with the results of such evaluation,
they may then request an independent evaluation at public expense pursuant
to this procedure.
Independent Evaluations Ordered by a
Hearing Officer
If a Hearing Officer requests an
independent educational evaluation as part of a hearing, the cost of the
evaluation shall be at public expense.
c:Mac
1st
Reading: 6/7/00
2nd
Reading/Date Adopted: 6/21/00
Date Revised:
Date Effective:
Legal Sources: 20 U.S.C. 1415 (b)(1) 34 C.F.R. 300.502,34 C.F.R. 104.35(c)
VDE Rules 2364.3(2)(b) and 2364.3.4
Cross References:
Date Distributed:
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