INDEPENDENT EDUCATIONAL EVALUATION:
ADMINISTRATIVE PROCEDURE
EHBAA-R (LOCAL)

RIGHT TO AN INDEPENDENT EVALUATION	A parent may seek an Independent Educational Evaluation ("IEE") at public expense if the parent disagrees with an evaluation obtained by the school district. However, the school district may initiate a special education hearing to show that its evaluation is appropriate. This can occur before an IEE is conducted or after the parent has obtained an IEE and is asking for reimbursement. If the final decision is that the evaluation is appropriate, the parent still has the right to an independent evaluation, but not at public expense. 34 C.F.R. & 300.503 (1)(3)(1).
IEE DEFINED	"Independent Education Evaluation" ("IEE") means an evaluation conducted by a qualified examiner who is not employed by the District. 34 C.F.R. & 300.503 (1)(3)(1).
NUMBER OF IEE’s	A parent is entitled to only one IEE for each evaluation performed by the District, if the parent disagrees with the evaluation. This would include the three-year re-evaluation or re-evaluations conducted more frequently. A parent is not entitled to multiple IEE’s at public expense without an intervening reevaluation by the District.
CRITERIA UNDER WHICH EVALUATION MUST BE OBTAINED	Whenever an IEE is at public expense, the criteria under which the evaluation is obtained, including the location of the evaluation and the qualifications of the examiner, must be the same as the criteria which the District uses when it initiates an evaluation. 34 C.F.R. & 300.503(a).
CONDITION OF PAYMENT	The District will not pay for an IEE if the IEE, including the examiner, the evaluation, or the written report, does not meet the District’s criteria and the Texas Education Agency criteria for the specific disability evaluated.
STEPS FOR MAKING A REQUEST FOR AN IEE	1. It is preferred that the parent or guardian contact the Director of Special      Education to make the request in writing. A request in writing is not      required as a pre-condition of payment for an IEE, but is preferred in order      to minimize any confusion or misinterpretation regarding the nature of the      request. The request will then be made to the ARD Committee for action. 2. While a parent is not required to do so as a precondition for payment for      an IEE, it would be helpful to the ARD Committee if the parent would      specify the areas of disagreement with the District’s evaluation and list      assessment questions to be addressed by IEE. 3. Provide the name of the evaluator to the District. 4. District will contact the evaluator to verify the qualifications of the      evaluation, review district requirements for the evaluation and agree upon      payment for the completed evaluation/report. 5. Reimbursement/payment will be made directly to the evaluator upon      receipt of IEE which meets all of the District’s criteria. PARENTS      OBTAINING AN IEE WITHOUT FOLLOWING THESE PROCEDURES      WILL RISK NON-PAYMENT.
REASONABLE COST CRITERIA	The District will pay a fee for IEE which allows a parent to choose from among the qualified professionals in the area. The District will not pay unreasonably excessive fees. An unreasonably excessive fee is one which is 25% above the prevailing fees in the area (as established in the Medicaid/ Medicare Service Provider Manual) for the specific test being considered. When service providers have a sliding scale fee based on parent income, the school district will pay the amount charged to the parent. In the event that a parent pursues an IEE independently, an original billing form must be submitted to the District prior to payment. Before reimbursement or direct payment is authorized, criteria must be met and written report received. Upon receipt of a request for payment of an unreasonably excessive fee or payment for an IEE which was not agreed upon by the District prior to the evaluation, the District may request a hearing to challenge the right of parents to be reimbursed.
CONDITIONS FOR WAIVER OF COST CRITERIA	If a parent feels that an IEE that falls outside the District’s cost criteria is justified by the child’s unique circumstances underlying the request, the District will consider such a request.
LOCATION OF THE EXAMINER	The examiner must be located within 50 miles of the District. This will permit the examiner to be accessible to the District if needed for further consultation.
QUALIFICATIONS OF THE EXAMINER	The qualifications of the examiner must be the same as the criteria that the District uses when it initiates an evaluation and in accordance with state and federal law. 34 C.F.R. & 300.503(3).
CERTIFICATIONS AND LICENSES	Each IEE examiner must attach copies of his or her license(s) or certificates(s) to the evaluation report.
CONFLICT OF INTEREST	The examiner must complete a conflict of interest form provided by the District. Payment will not be made until the district has received the conflict of interest form indicating whether the examiner has a personal monetary interest in any service or program recommended by the examiner.
EVALUATION	The evaluation must be conducted using the same criteria that the District uses when it initiates an evaluation and in accordance with state and federal law.
NATURE OF EVALUATION	Tests and other evaluation materials must be designated to assess specific areas of educational need.
TEACHER REPORTS	The examiner must consider data obtained from the student’s teacher through consultation with the teacher or teacher reports.
WRITTEN REPORTS	There shall be a written assessment report that shall address the presence or absence of those symptoms or conditions included in the specific eligibility criteria for the category of disability for which the student is being assessed.
STATE AND FEDERAL LAW	The written report must be in accordance with state and federal law governing assessment of students with disabilities. The evaluators must also meet all federal and state requirements, as applicable.
TIMELINE	An IEE, including a written report, shall be provided to the District within 30 school days from the date a request for an IEE is received by the qualified examiner and five days prior to the ARD meeting.
CONTENT OF REPORT	The report shall include the type and severity of the impairment and the functional implications for the education process. The report must provide the ARD committee with sufficient information to determine whether or not the student is disabled and in need of special education services.
FORM OF REPORT	In preparing a report, the examiner shall follow the format for assessment and determination of eligibility used by the District. Forms will be available upon request.
SIGNATURES ON REPORT	The report must be signed by all persons participating in the examination of the student.
SELECTION OF EXAMINER	The District will provide the parent with a list of independent evaluators. Parents are free to select whomever they choose to perform the IEE so long as the examiner meets the District’s criteria. If parents select an examiner who is not on the District’s list of qualified examiners, they should submit the name and vitae of the examiner in advance of conducting the IEE in order that the District may notify the parents whether the examiner is qualified to perform the IEE. If the parents fail to submit the name and vitae of the examiner prior to conducting the IEE, they risk non-payment if the examiner does not meet the District’s criteria.
PARENT INITIATED IEES	The District will not consider a parent request for payment for a parent-initiated IEE unless the request is made within a reasonable time after receipt of the results of the evaluation. A reasonable time is defined as 90 calendar days. The request will be presented to the ARD Committee for action. The District can request a due process hearing to prove its own evaluation is appropriate. This can occur before an IEE is conducted; or, after the parent has obtained one and is asking for reimbursement. The District will deny payment of an IEE conducted by someone who does not meet minimum qualifications. The District will deny payment of an IEE which does not meet minimum Texas Education Agency criteria for the specific disability identified.
CONSIDERATION OF PARENT INITIATED IEE’s	The results of a parent-initiated IEE obtained at private expense will be reviewed and considered by an ARD Committee with respect to the provision of a free appropriate public education to the student. Such consideration does not make the District liable for payment of the evaluation. In addition, the District’s payment of an IEE does not require the ARD Committee to accept any recommendations made in the IEE.