Children's Advocacy Resources for EducationC.A.R.E.

An Independent Educational Evaluation: IEE

A Child with a Disability is to receive a Free Appropriate Public Education (FAPE).

To determine what is “appropriate” for your child is identified in an evaluation that addresses all areas of the child’s suspected need (areas of weakness) in school which are then met by the Individualized Education Plan’s (IEP’s) terms and services.  The IEP is to be designed to meet the unique needs of the child and prepare him/her for further education, employment, and independent living.

The evaluation is the foundation upon which the IEP is constructed.  If the evaluation foundation is faulty, the IEP is not going to enable your child to make meaningful progress in his/her education when all areas of need are not identified and addressed. 

For example, when a child’s disability related behavior is impacting his education because he is being made to go home, to the principal’s office, multiple suspensions, exclusion from school activities, ect. A functional behavioral assessment (FBA) is to be done.

When a child has difficulties related to their disability in seeing, writing, reading, speaking, processing, organizing, ect. and assistive technology may be a service that could accommodate that disability, an Assistive Technology (AT) evaluation is to be completed.

A child is to be evaluated in all areas of potential need related to his/her disability.  It is helpful to have a diagnosis from a physician.  School psychologists, social workers, occupational therapists, speech and language therapists, special education supervisors are to be educated in their field of expertise and able to identify the areas of weaknesses and suggest possible interventions and accommodations to enable the child to make progress.

However, when a parent disagrees with the evaluation, a parent of a child with a disability has the right to obtain an independent educational evaluation of the child at no cost to the parent. 

Process:

1. After you have received the results of the school’s evaluation, and you find that you disagree, put a request for an Independent Educational Evaluation at public expense in writing and submit it to the Principal of the school.
2. The school is to provide the parents within 10 school days, after receiving the IEE request, information about where an IEE may be obtained, and the criteria applicable for the IEE.  The parent is not restricted to the list of evaluators, but must adhere to the minimal qualifications identified and provided by the school district.  When contacting potential evaluators, ask about the relationship between the school and the evaluator.  Have the professional confirm that the parent and child are the client and that no conflict of interest exists. 
3. If the school district refuses to agree to pay for an IEE, they must initiate a due process hearing and carry the burden of proof before an Administrative Law Judge to show that their evaluation was appropriate.
4. If the school district wins at a due process hearing, the parent still has the right to obtain an IEE, just not at public expense.
5. You may want to postpone any IEP meeting until the results of the IEE have been received and the team has an opportunity to review them.  Remember, you want a solid foundation for the IEP, and need to have a good evaluation to construct the IEP upon. 
6. In preparing your child for the evaluation, consider medication, sleep, diet—have it mirror what he/she is experiencing in a “normal” school day.  Often a student’s behavior can interfere with testing and your goal for the evaluation is for the evaluator to get the most realistic assessment of your child and his/her needs.

Given the budget crisis that school districts in Michigan are facing, some districts are not providing evaluations in all suspected areas of need.  For once a need is identified, resources need to be provided to accommodate the child’s disability.  As a parent, you have to advocate for your child’s needs to be met.  If you would like assistance on this journey, you can contact Attorney Kristin Totten at Kristin@kristintotten.com or 269-270-1278 for a free 15 minute consultation.