Understanding Parents' Rights to Request an Evaluation at Public Expense
By: Jennifer Strong, ABSNP
As parents, you hold significant rights when it comes to your child’s education, especially if you suspect that your child may have a disability that affects their learning. One of the most critical rights is the ability to request an evaluation funded by the school district at public expense. This right ensures that your child receives a fair and thorough assessment to determine if they require special education services or accommodations. Here’s what you need to know about this process and the options available to you.
What is an Evaluation at Public Expense?
An evaluation at public expense is a comprehensive assessment conducted to determine whether a child has a disability and what special education and related services the child needs. If you disagree with the evaluation provided by the school district, you have the right to request an Independent Educational Evaluation (IEE) at the public expense. This means the school district will pay for a second evaluation conducted by a qualified professional who is not employed by the school district.
When Can Parents Request an Evaluation?
Parents can request an evaluation at any time if they suspect their child may have a disability that impacts their education. This request can be made if the child is not currently identified as needing special education services or if the parent disagrees with the school's existing evaluation.
How to Request an Evaluation
Write a Formal Request: The first step is to write a formal request to the school district. In this request, state that you are asking for an Independent Educational Evaluation (IEE) at the district's expense for all areas that the district has assessed. Specify that, upon the conclusion of the district's evaluation, you are entitled to independent reports in all those areas. Be sure to include specific reasons why you believe the IEE is necessary, such as concerns about the thoroughness or accuracy of the district's initial assessment.
Submit the Request: Email your request to your child’s school principal, special education coordinator, or another appropriate school district official. Make sure to keep a copy of the request for your records, along with the date you sent it.
School District Response: The school district is required to respond to your request, “without unnecessary delay.” They may agree to pay for the IEE, or they may initiate a due process hearing to show that their initial evaluation was appropriate.
Options Available to Parents
Agreement by the School District: If the school district agrees to your request for an IEE, they will provide you with a formal letter called a Prior Written Notice (PWN). This letter will include information on where you can obtain the evaluation and outline any specific criteria or requirements that must be met.
Due Process Hearing: If the school district denies your request, they are required to also provide you with a PWN letter detailing the reasons for their decision. In addition to this, the district must file for a due process hearing to demonstrate that their evaluation was appropriate and met all necessary standards. Before the hearing takes place, you have the option to obtain a privately funded evaluation. This evaluation can provide additional evidence and insight that may support your case during the hearing. While this evaluation will be at your own expense, it can be a crucial step in advocating for your child’s needs.
Selecting an Evaluator: When the school district agrees to the IEE, you have the right to choose the evaluator, provided they meet the district’s criteria. The district should provide you with a list of qualified professionals.
Using the Results: The results of the IEE must be considered by the school district in any decision made with respect to the provision of a Free Appropriate Public Education (FAPE) to your child, and they can be presented as evidence at a due process hearing.
Why an IEE May Be Necessary
There are several reasons why parents might seek an IEE:
Disagreement with the School’s Evaluation: Parents might feel that the school’s evaluation did not fully capture all of their child’s needs, leading to incomplete or inadequate recommendations for support and services.
Comprehensive Assessment: An IEE can provide a more thorough and detailed assessment, often exploring areas that the school’s evaluation might have overlooked or not examined in depth.
Unbiased Perspective: An independent evaluator offers a fresh and impartial perspective, free from any potential biases or influences that could affect the school district's assessment.
Quality and Expertise: Independent evaluators often have specialized expertise and can use advanced assessment tools and techniques that may not be available through the school district.
De Minimis Services: If the school is providing only minimal support that does not adequately meet the child’s needs, an IEE can help demonstrate the necessity for more comprehensive services.
Parental Peace of Mind: Obtaining an independent evaluation can provide parents with peace of mind, knowing they have done everything possible to understand and address their child's educational needs.
Monitoring Progress: An IEE can serve as a benchmark to monitor the child’s progress over time, ensuring that the educational interventions are effective and adjusted as needed.
Educational Diagnosis According to ICD: An IEE can provide an educational diagnosis based on the International Classification of Diseases (ICD) criteria, ensuring that the child’s conditions are accurately identified and classified according to standardized diagnostic codes.
Understanding your rights to request an evaluation at public expense is crucial to ensuring your child receives the appropriate educational support they need. If you or someone you know requires educational support, we are here to assist families throughout the entire state of California. We are committed to helping all families secure the resources and services necessary for their children's success.
Jennifer D. Strong is a Licensed Educational Psychologist at Cognitive Diagnostic Associates in Newport Beach. For information, please visit www.cdacompany.com.