Sec. 13a.05.01.14. Procedural Safeguards — Independent Educational Evaluation  


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  • A. General.

    (1) A parent of a student with a disability may obtain an independent educational evaluation.

    (2) On request, a public agency shall provide the parent with information about where an independent educational evaluation may be obtained and the public agency's criteria applicable for independent educational evaluations consistent with 34 CFR §300.502.

    B. Parental Right to Independent Educational Evaluation at Public Expense.

    (1) If a parent disagrees with the evaluation obtained by the public agency, the parent may request an independent educational evaluation at public expense.

    (2) When a parent requests an independent educational evaluation at public expense, the public agency shall:

    (a) Provide an independent educational evaluation; or

    (b) File a due process complaint in accordance with Regulation .15C of this chapter, to demonstrate that the public agency's evaluation is appropriate.

    (3) Decision of the Impartial Hearing Officer.

    (a) If an impartial hearing officer determines that the evaluation obtained by the public agency is appropriate, the parent may not obtain an independent educational evaluation of the student at public expense.

    (b) If an impartial hearing officer determines that the evaluation obtained by the public agency is not appropriate, the public agency shall provide an independent evaluation of the student at public expense.

    (c) If an impartial hearing officer requests an independent educational evaluation as part of a due process hearing, the cost of the independent educational evaluation shall be at public expense.

    (4) When an independent educational evaluation is provided at public expense, the criteria under which the evaluation is obtained, including the location of the evaluation and the qualifications of the examiner, shall be the same as the criteria used by the public agency when it initiates an assessment, to the extent those criteria are consistent with the parent's right to an independent educational evaluation.

    (5) The results of an independent educational evaluation obtained at public or private expense:

    (a) Shall be considered by an IEP team in making any decision regarding the provision of FAPE for the student; and

    (b) May be presented as evidence at a due process hearing initiated under Regulation .15C of this chapter.

    (6) Except for the criteria described in §B(4) of this regulation, a public agency may not impose conditions or time lines related to obtaining an independent educational evaluation at public expense.

    (7) A parent is entitled to not more than one independent educational evaluation at public expense each time the public agency conducts an evaluation with which the parent disagrees in accordance with 34 CFR §300.502(b)(5).