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SPED Policies & Procedures

CHOICE EDUCATION & DEVELOPMENT CORPORATION

AND EDKEY, INC.


SPECIAL EDUCATION POLICIES AND PROCEDURES



Sequoia School District

CRITERIA FOR INDEPENDENT EDUCATIONAL EVALUATIONS 

  1. Parents of children eligible for services under the Individuals with Disabilities Education Act (IDEA, at 20 U.S.C. 1400, et seq.) have the right to obtain an Independent Educational Evaluation (IEE) of their child if the parents disagree with an evaluation obtained by the District, unless the District, without unnecessary delay, files a due process complaint to show that its evaluation is appropriate. 34 C.F.R. 300.502.


  2. An IEE is defined by federal law as “an evaluation conducted by a qualified examiner who is not employed by the District responsible for the education of the child in question.”  Only one IEE may be funded for each evaluation obtained by the District. 34 C.F.R. 300.502.    



  3. “Public expense” means that the District either pays for the full cost of the evaluation or ensures that the evaluation is otherwise provided at no cost to the parent. 34 C.F.R. 300.502. 



  4. If a parent requests an IEE, the District asks that the parent provide the reason why he or she objects to the public evaluation at the time the parent submits his/her request for an IEE.  However, bylaw, the District may not require the parent to provide an explanation and may not unreasonably delay either providing the IEE at public expense or filing a due process complaint to request a due process hearing to defend the public evaluation. 34 C.F.R. 300.502.



  5. If the District has not performed its own evaluation, the parent does not have a right to an IEE until the District performs its own evaluation and the parent disagrees with the District’s evaluation.  34 C.F.R. 300.502.



  6. If the parent’s request falls within the scope of the IDEA’s provisions for an IEE,and the  District will not provide an IEE at public expense, the District will initiate a special education due process hearing without unnecessary delay to show that its evaluation is appropriate. If the final decision of the hearing is that the District’s evaluation is appropriate, the parents still have a right to an IEE, but not at the District’s expense. 34 C.F.R. 300.502.



  7. An IEE,whether at public or private expense, will be considered by the District (if it meets School’s criteria) in any decision made with respect to the provision of a Free Appropriate Public Education (FAPE) to the child.  The IEE may be presented as evidence at a special education due process hearing regarding the child. 34 C.F.R. 300.502.



  8. If a special education hearing officer requests an IEE as part of a hearing, the cost of the evaluation must be at public expense. 34 C.F.R. 300.502.



  9. Upon a parent’s request for an IEE, the District will provide the parents with a list of evaluators who meet its criteria to perform the IEE. Parents may select an evaluator from the District’s list or propose the name of an evaluator who meets the District’s criteria.  The District will make the contractual arrangements with the evaluator for the IEE to be performed, but the parents will be responsible for scheduling the evaluation(unless otherwise agreed between the District and the parents).  



  10. If 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. 300.502.  The following criteria apply to IEEs at public expense:



    1. The travel distance to obtain an IEE is generally limited to the general local geographic area (not more than 30 miles from the site providing service);
    2. The District will pay a reasonable rate for an IEE.  “Reasonable rate” information is found on the lists of possible IEE evaluators provided with these Guidelines;
    3. The qualifications of the evaluator chosen to perform an IEE must be the same as the District uses when it initiates an evaluation.  This information is provided on the lists of possible IEE evaluators provided with these Guidelines;
    4. The parents will be provided the opportunity to demonstrate that unique circumstances exist to justify the selection of an evaluator who does not meet agency criteria.   Letter to Parker, OSERS (February 20,2004).



  11. If a parent obtains an IEE that does not meet the above criteria, the District may not reimburse the parent for the cost of the IEE. Parents should contact the District prior to obtaining an IEE at public expense, to ensure that the IEE meets the District’s criteria and the appropriate arrangements are made for the performance of the IEE.



  12. Payment for an IEE at public expense that meets the District’s criteria will be made directly to the independent evaluator. The cost of the evaluation shall not exceed $500.  This is the average of current costs.



  13. Prior to the start of the evaluation, the parent must authorize the District to release educational records to the evaluator. 



  14. Prior to the start of the evaluation, the parent must sign a records release form (HIPPA compliant, if necessary) that authorizes the IEE evaluator to provide the District with the original evaluation report, test protocols, copies of all documents, reports or information used by the evaluator as a basis for any findings, conclusions or recommendations made by the evaluator, and any other records relating to the IEE evaluation. The evaluator will provide the parent with this records release form.



  15. An IEE at public expense may also include reasonable related expenses (such as transportation costs) at the State approved rate, upon approval of the District.



  16. Written requests for an IEE should be submitted to the District’s Special Education Director,Mary Elizabeth Strickland at 480-641-3200.    Please do not hesitate to contact the Special Education Director if you have any questions regarding the IEE process or criteria. 

Criteria for Independent Educational Evaluations Adobe Reader file





Sequoia School District

Independent Educational Evaluation Requirements (IEE)

[To be provided to the proposed IEE evaluator] 

  1. The evaluation must be conducted by an evaluator who meets State and District requirements for licensure and/or certification for conducting the type of IEE being requested. 


  2. Prior to conducting the evaluation, the evaluator must provide the District with the following information so that the District can arrange for the Vendor packet and required W-9 forms to be completed: Evaluator’s name, resume, address, telephone number, fax number, e-mail address.


  3. Prior to conducting the evaluation, the evaluator must obtain a signed release form from the parent (HIPPA compliant, if necessary), that will authorize the evaluator to release to the District all testing data, reports, protocols, billing records and any other information generated, used or considered by the evaluator during the IEE process.  The District will not make payment to the evaluator if such documents are not released to the District because of the evaluator’s failure to obtain the required release from the parent.  

     
  4. In conducting the evaluation, the evaluator must:  


    1. Use a variety of assessment tools and strategies to gather relevant functional, developmental, and academic information about the child, including information provided by the parent, that may assist in determining; (i) Whether the child is a child with a disability under the IDEA;and (ii) The content of the child’s IEP, including information related to enabling the child to be involved in and progress in the general educational curriculum(or for a preschool child, to participate in appropriate activities);


    2. Not use any single measure or assessment as the sole criterion for determining whether a child is a child with a disability and for determining an appropriate educational program for the child; 


    3. Use technically sound instruments that may assess the relative contribution of cognitive and behavioral factors, in addition to physical or developmental factors;

       
    4. Use assessments and other evaluation materials to assess the child that are: 
    5. (i)            Selected and administered so as not to be discriminatory on a racial or cultural basis;

      (ii)          Provided and administered in the child’s native language or other mode of communication, and in the form most likely to yield accurate information about the academic development, or functionality of the child, unless it is clearly not feasible to so provide or administer;

      (iii)        Used for the purposes for which the assessments or measures are valid and reliable;

      (iv)        Administered by trained and knowledgeable personnel;and

      (v)          Administered in accordance with any instructions provided by the producer of the assessments;

    6. Use assessments and other evaluation materials that include those tailored to assess specific areas of educational need and not merely those that are designed to provide a single general intelligence quotient;


    7. Administer assessments to a child with impaired sensory, manual, or speaking skills and ensure that assessment results accurately reflect the child’s aptitude or achievement level or whatever other factors the test purports to measure, rather than reflecting the child’s impaired sensory, manual, or speaking skills (unless those skills are the factors the tests purports to measure); 


    8. Use assessment tools and strategies that provide relevant information that will directly assist persons in determining the educational needs of the child;  and 


    9. Review existing evaluation data on the child, including evaluations and information provided by the parents; current classroom-based,local, or State assessments and classroom based observations; and observations by teachers and related service providers. The school will provide the evaluator with this data and information upon confirmation of the IEE. 


  5. The evaluation report must include the following: 


    1. The original signatures, titles and credentials of the evaluator(s). Credentials should appear on the report in such a way that they may be verified through State governing agencies (ADE, DHS, AHCCS, etc.); 


    2. A list all of the records, reports or other documents reviewed or relied upon in connection with the evaluation; 


    3. The evaluator’s findings and conclusions and the facts or other information upon which the findings and conclusions are based;


    4. A discussion of the assessment tools and strategies that provide relevant information that directly assists the IEP team in determining eligibility as a child with a disability and/or the educational needs of the child.  Note: It is the IEP team who confers eligibility and the category of eligibility; not even a medical doctor can say a student must receive special education;  and


    5. Recommendations regarding the child’s education, if any. The evaluator may make recommendations about specific research based educational strategies, but should not promote a given curriculum or program in the report.The evaluator may make suggestions regarding any behavioral interventions or accommodations.  Note: The IEP team must make the final decision regarding the Free Appropriate Public Education of the child. 


  6. The evaluator must provide the District with the following documents upon completion of the evaluation and at no additional cost to the District:


    1. An original typed report;


    2. A copy of test protocols. At the option of the evaluator, test protocols may be sent directly to the responsible school psychologist or responsible school based related service providers;


    3. Copies of documents provided to the evaluator by the parent that are used as a basis for any findings, conclusions or recommendations made by the evaluator; and


    4. Other documents or information generated, used or considered by the evaluator during the IEE process, at the request of the District.  


  7. A student may be evaluated at the school site where the student normally receives educational services within the District during regular school hours of operation. Space will be provided on a scheduled basis.This arrangement will afford the evaluator more access to school personnel who work with the student on a daily basis and make observations more readily available if needed. Scheduling evaluations for students placed in private schools will need to be arranged through the private school’s administration.

Please contact Mary Elizabeth Strickland the District’s Special Education Director, at {490 641 3200} if you have any questions regarding the District’s IEE requirements or if you need additional information.  Thank you.

IEE Evaluator Requirements Adobe Reader file





Sequoia School District

Independent Education Evaluation

Release of Records and Information Form

Name of student: ____________________________________________________

Name of parent(s): ____________________________________________________

Home address: __________________________________________________________

______________________________________________________________________

Student’s school of attendance: ____________________________________________

To: Independent Education Evaluation Evaluator

Name: ________________________________________________________________

Company:_____________________________________________________________

Address:______________________________________________________________

Telephone: ____________________________________________________________

I am the parent or legal guardian of _________________________________, who is enrolled as a student in the Sequoia School District.  I have requested that you conduct an Independent Education Evaluation upon my child, at the District’s expense.

I hereby provide you with my consent to release to the ***** School District all testing data, reports, protocols, billing records and any other information/documentation created, generated, used or considered by you during the IEE process.  I will sign whatever additional consent forms (HIPPA compliant, if necessary) you feel you need to provide the District with such records. 




_____________________________________

Signature

______________________________________

Printed Name



Date:_________________________

To the Parent:  YOU MUST RETURN THIS FORM (SIGNED AND DATED)TO THE DISTRICT’S SPECIAL EDUCATION DIRECTOR BEFORE THE DISTRICT WILL AUTHORIZE PAYMENT FOR AN IEE.

Please return this form to: ****insert District contact person and contact information**** if you have any questions.

IEE Release of Records and Information Form Adobe Reader file

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