Defending Your Right To Obtain An Independent Educational Evaluation
Most parents of children with disabilities are aware that school districts must provide a free appropriate public education (FAPE) to students with special needs who reside within their district boundaries and who have been classified accordingly.
Each school district has a legal obligation to evaluate and identify all children within their jurisdiction, including children who are in private schools or not in school, to determine if a disability exists and to identify the appropriate educational and related services that should be afforded to the student. These evaluations are generally conducted by school district personnel at no cost to the parent.
Petitioning For An IEE
A parent or guardian may disagree with an evaluation that is performed by the school district or may feel that the evaluation done by the school district is not comprehensive enough. Any parent has the right to an independent educational evaluation (IEE) that is conducted by a non–school district examiner. In some cases, the parent can petition the school district to cover the cost of an IEE.
An IEE can provide parents with an additional resource to utilize at individualized education program (IEP) team meetings. Such an evaluation can provide support for parents’ viewpoints and opinions in regard to their child’s educational program.
Advocating For Special Education Rights
The team at The Law Office of Meagan Nuñez in San Diego, California, assists parents of children with disabilities in all aspects of ensuring they receive a meaningful education. Attorney Meagan Nuñez has an extensive background in special education and a thorough understanding of federal and state laws regarding parents’ rights.
She can appear at IEP meetings and advocate for appropriate programming. Her advocacy has helped many parents of children with disabilities resolve disagreements and avoid conflicts that otherwise would have resulted in a due process dispute.
Reasons District Evaluations May Be Inefficient
Ms. Nuñez knows there are numerous reasons why a parent may feel the school district’s evaluation was insufficient and why the district should fund one or more IEEs. These include:
- The evaluation did not cover all areas of educational need.
- The assessor was not qualified.
- Inappropriate or outdated assessment tools were used.
- The time, place or administration of the assessment was not appropriate and resulted in inaccurate findings.
If the parents present an evaluation that the school district previously refused to conduct, the school district may be required to reimburse the parents for the costs of this evaluation if it is determined that the evaluation provided information that impacted the child’s education, services or placement.
Get The Strong Legal Representation You Need
If you have been denied an independent evaluation for your child, or even if you are questioning whether an IEE is warranted, put our experienced IEP lawyer on your side.