Parental Request for an
Independent Evaluation in an area previously
assessed by the school district:
If a parent is in disagreement with an existing school district evaluation, the
parent has the right to request an independent evaluation at public expense
(meaning the district pays). THE REQUEST SHOULD BE MADE IN
WRITING. Within 20 calendar days of the receipt of the parental request, the
district must either initiate a due process hearing or pay for the independent
evaluation. The district must also provide a list of evaluators from which the
parent may choose and the criteria used for independent evaluators.
Parental request for an independent evaluation in an area not previously
assessed by the district:
If a parent seeks an independent evaluation in an area NOT ASSESSED AS
PART OF AN INITIAL EVALUATION OR REEVALUATIQN, the district has
ten days to decide if it will conduct its own evaluation in the requested area or
grant the parental request to use an independent evaluator. If the district decides
to conduct its own evaluation, the district will then have 45 days in which to
complete the evaluation. If the parent disagrees with the evaluation conducted by
the district, the parent has the right to request an independent evaluation as
described in the section above.
Important Things Parents Should Know About Independent Evaluations:
1. You are NOT
obligated to choose from the district's list of independent evaluators. It is
recommended that you include the name(s) of your preferred evaluator(s) in your
'written request for an independent evaluation.
2. The district cannot refuse to grant your request for an independent evaluation. If you are in disagreement with an existing district evaluation, the district has only two options: (1) within 20 calendar days, grant your request or (2) initiate a due process hearing to defend its evaluation report. If you are requesting an independent evaluation in an area not previously assessed by the district, the district must decide, within 10 days, if it will conduct the evaluation or grant your request to use an independent evaluator.
3. You are NOT obligated to explain the reasons for your disagreement with the district's evaluation. The district may request an explanation, but the process CANNOT be delayed by this request.
4. the school district must permit independent evaluators to observe the student in the classroom or "other educational setting." This also applies to independent professionals conducting evaluations at parental expense. A school district must "consider" independent evaluations. It is important that you ask how the district intends to use the independent evaluation to develop an appropriate IEP for your child. You should request that the key areas of the independent evaluation be included
in your child's IEP.