Have you ever been in a Committee on Special Education (CSE) meeting regarding your child and disagreed with the findings of an evaluation done by school personnel?

The Commissioner's Regulations address a parent's right to obtain an Independent Educational Evaluation (IEE) at the school district's expense. An independent evaluation is one completed by a qualified examiner who does not work for the district in which your child is enrolled. An IEE is a professional second opinion that parents may seek to ensure an appropriate IEP is developed for their child. If you, as a parent, disagree with the results of an evaluation completed by the district, you have the right to an IEE at district expense and to have the CSE consider the results of that IEE.

Be aware, however, that the district, in response, may ask for a hearing to show that its evaluation is appropriate. If the district's evaluation is found to be appropriate at the hearing, you still retain the right to obtain an IEE and to have the CSE consider it. You lose, however, the ability to request that the district pays for it. In addition, the district may ask you to explain why you disagree with its evaluation.

The good news is two-fold. First, districts usually do not want to expend limited resources on a hearing over an independent evaluation, and often will agree to pay for an IEE rather than go to a hearing. Secondly, even though districts have a right to ask a parent why they disagree with its evaluation, parents are not required by law to give that information up.

Parents also have the right to receive information from the district about where an IEE may be obtained, and the district's criteria for reimbursement of that IEE.

Keep in mind that any evaluation a district pays for can be accessed by that district at any time. If a parent does not want to share the results of the evaluation, they should not ask the district to pay for it.

Elizabeth R. Wright, Esq., works for the local firm of Bouvier, O'Connor, LLP, and serves on the Parent Network of WNY's Board of Directors.

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