Forrest ConsultingOne of the challenges for families advocating for their children is when they disagree with the findings of the evaluation done by the school and believe that the evaluation did not adequately examine areas of weakness or concerns expressed by the parent. An Independent Education Evaluation (IEE) is one way that families can enlist the support of outside experts to level the playing field and help get their children the Special Education services they are entitled to. They can be a critical piece in cases where parents decide to pursue due process complaints or mediation through BSEA or consultation to resolve disputes through SpedEx.
When families disagree with an evaluation’s findings or believe it was not comprehensive, they have the right to request an Independent Educational Evaluation. Under IDEA, an IEE is “an evaluation conducted by a qualified examiner who is not employed by the public agency responsible for the education of the child in question.” An IEE can be requested for up to sixteen months from the evaluation date, which the parent disagrees with.
Parents always have the right to pay for an outside evaluation or IEE. When paying for the IEE without seeking public funding, parents have complete control over the scope of the evaluation and are free to choose any evaluator. Controlling the scope of the evaluation is significant as parents are not limited to seeking an evaluation that is limited to the areas evaluated by the school, as is the case when a parent is seeking public funding.
Although parents can choose any evaluator when seeking public funding for an IEE, the district is only responsible for funding an IEE at “the rates set by the state agency responsible for setting such rates,” which is less than the rates evaluators typically charge. This can present a challenge, and the rates set by the state have historically been an area of concern with the regulations governing IEEs. Still, it is possible to find quality evaluators who will provide an IEE at state rates, or parents can pay the difference between the state rates and what the evaluator typically charges. While districts are not responsible for paying the evaluator to present their findings at a Team meeting, it is always worth asking whether they will be willing to do so, as it is essential to have the evaluator present at meetings as an expert to present and support the findings of their evaluations.
It is also worth noting that special education regulations stipulate that “unique circumstances of the student may justify an individual assessment rate that is higher than that normally allowed.” One such circumstance may be a parent’s inability to find an evaluator willing to conduct an evaluation at the prevailing state rates. BSEA # 06-3158.
When a parent requests an IEE at public expense, “the school district must either pay for the IEE or, within five days, request a determination from the Bureau of Special Education Appeals (BSEA) that the district’s evaluation was comprehensive and appropriate.” Massachusetts Law allows the costs to be shared between the parent and the school on a sliding scale for income-eligible families. To take advantage of the sliding scale fee, a family must be willing to provide financial information to the school. However, not providing financial information does not otherwise impact a family’s rights regarding an IEE. The sliding scale is as follows:
- If the family income is equal to or less than 400% of the federal poverty guidelines, the district shall pay 100% of the costs of an independent education evaluation.
- If the family income is between 400% and 500% of the federal poverty guidelines, the district shall pay 75% of the costs of an independent education evaluation.
- If the family income is between 500% and 600% of the federal poverty guidelines, the district shall pay 50% of the costs of an independent education evaluation
- If the family income is over 600% of the federal poverty guidelines, the district shall have no obligation to cost-share with the parent.
Massachusetts law exceeds the standards set by federal laws and regulations in an important area. In the case of a student eligible for free or reduced lunch or in the custody of a state agency with an Educational Surrogate Parent, no additional financial documentation is required, and the district has to pay the full cost of the IEE. Furthermore, in these cases, the district does not have the option to file for a hearing with BSEA to demonstrate that its evaluation was comprehensive and appropriate. (BSEA #09-3926)
If an IEE is publicly funded, the report will be sent to the parent and the school district. After receiving the report, the district is required to reconvene to consider the report within ten school days. Even though the school is not required to accept the report’s findings or implement recommendations made in the report, an IEE can be useful in helping to demonstrate areas of need not shown in the school’s evaluation and can be important in providing parents with information that can assist them in their advocacy for their children.
Below are helpful resources if you are interested in learning more about Independent Educational Evaluations.
Massachusetts Regulations: 603 CMR 28.04(5)
DESE Guidance Regarding Independent Educational Evaluations
Massachusetts Advocates for Children: Bill’s Blog: Ensuring the Independent Education Evaluations are Credible and Persuasive:
