Parents of disabled children have the right under federal and state regulations to obtain an independent evaluation at public expense under certain conditions.
Independent Educational Evaluation
An independent educational evaluation means an evaluation conducted by a qualified examiner(s), as defined in 34 CFR 300.12, who is not employed by the school district responsible for the education of the disabled child or child who is thought to be educationally disabled.
If the parent disagrees with the evaluation conducted by the school district, the parent has a right to obtain an independent educational evaluation at public expense. The parent is only entitled to one independent educational evaluation each time the parent disagrees with a comprehensive initial evaluation or comprehensive reevaluation conducted by the District. The district may request that the parent specify the areas of disagreement with the district’s evaluation if the parent/caregiver’s request does not specify the areas of disagreement. In lieu of approving the independent evaluation, the District may initiate an impartial hearing to show that its evaluation is appropriate, and if the hearing officer determines that the school’s evaluation is appropriate, the parent would not have the right to a publicly-funded independent evaluation or the right to reimbursement for an independent educational evaluation they may have already obtained.
Public Expense
The district has established reasonable reimbursement rates for independent evaluators based on the reasonable and customary rates charged by providers within close geographical proximity to the district, as defined below. Absent exceptional circumstances, the school district will not pay more than the rates set forth on the rate sheet provided by the Special Education Department for all suitable examinations and evaluations to ascertain the physical, mental, and emotional factors which contribute to a suspected educational disability.
District’s List of Evaluators
The district has established a list of qualified professionals in private practice or employees of other public agencies to whom parents may go to secure an independent evaluation. This list of independent evaluators which includes professionals in all areas of a child’s suspected disability can be obtained from the Special Education Department. Any evaluator used must possess current license or certification from the New York State Education Department in the area of evaluation.
Procedures
At its annual reorganizational meeting, the District’s Board of Education will approve a fee schedule and list of approved evaluators for independent evaluations recommended by the District’s Special Education Department. As noted above, parents/caregivers may select an evaluator whose fees exceed the fees approved in the Board-approved fee schedule if they demonstrate that extenuating circumstances justify an exception. The Board of Education will also set aside funds in the District’s annual budget that is submitted to the District’s voters to adequately fund the independent educational evaluations mandated by this Regulation.
Parents shall direct a request for an independent educational evaluation at public expense to the District’s Director of Special Education in writing. The Director of Special Education may elect to follow up with the parent/caregiver to request more information regarding why the evaluation is being requested.
Within ten (10) school days of the school/CSE’s receipt of the request, the Director of Special Education must either authorize an independent evaluation at District expense or determine that the District’s evaluation was satisfactorily completed and that no information (including the parent’s concerns, if expressed) exists that would call it into question.
If the District’s Special Education Director determines that the District’s evaluation was appropriate, s/he must contact the District’s legal counsel and request that an impartial hearing be commenced on the District’s behalf to defend the District’s evaluation. The Director of Special Education must create a Prior Written Notice informing the parent that the request for an independent assessment had denied. This Prior Written Notice should be provided no later than ten (10) school days following receipt of the parent’s request. The Special Education Department will then defend the District’s evaluation in a due process proceeding.
If the Special Education Director grants the parent/caregiver’s request for an independent educational evaluation, that decision must likewise be communicated to the parent/caregiver within ten (10) school days. The parent/caregiver is responsible for promptly supplying the District with the following information in order to ensure timely payment of the independent evaluation: (1) the name and contact information of the evaluator; and (2) an IRS Form W-9 for the evaluator. Payment will typically be made directly to the evaluator by the District’s Business Office following the Business Officer’s receipt of proof that the independent evaluation has been authorized by the District’s Director of Special Education and receipt of the evaluator’s Form W-9. The Business Office will promptly issue a Purchase Order to the evaluator which shall authorize the evaluator to commence the independent evaluation. In certain circumstances, the parent/caregiver may elect to contract directly with the evaluator and seek reimbursement from the District. Reimbursement shall be issued to the Parent/caregiver directly under such circumstances provided the parent/caregiver obtains advance written approval (e.g., prior to the commencement of the evaluation) from the Director of Special Education for: (1) the evaluator; and (2) the total cost of the evaluation.
When an independent educational evaluation is requested and approved by the District, and an independent evaluator is selected by the parent/caregiver, whether or not the evaluator is from the approved list, it then becomes the responsibility of that professional to contact the school to arrange for payment, dates of classroom visitations, and discussions with school staff.
All evaluators approved pursuant to this Regulation shall prepare a written summary of their evaluation which shall be shared with the Director of Special Education. No payment shall be issued to the evaluator until the District receives a final evaluation report.
Upon receipt of an independent evaluation report, the District shall promptly convene its CSE or CPSE (as appropriate depending on the age of the student) and review and consider the recommendations made by the outside evaluator.
Adoption date: May 27, 1997
Revised: March 26, 2001
Revised: January 13, 2003
Revised: August 18, 2008
Revised: October 15, 2019
Revised: February 10, 2025