Right to an Independent Evaluation

AISD may offer to resolve the parent's disagreement by providing an additional evaluation, however the parent is not required to accept the district's offer.

A parent may seek an Independent Educational Evaluation (IEE) if the parent disagrees with all or part of a comprehensive assessment obtained by AISD. Such an IEE may be paid for by AISD if the IEE meets the AISD criteria. However, AISD may at its option, initiate a due process hearing to show that its own evaluation is appropriate. If AISD prevails in the hearing, the parent still has the right to an IEE but not at public expense.

Number of IEE'S

If AISD has not conducted an evaluation, the parent does not have a right to an independent evaluation at public expense. Only one IEE may be reimbursed for each comprehensive evaluation obtained by AISD. The results of a parent-initiated IEE will be considered by AISD, but such consideration does not make AISD liable for reimbursement for the IEE.

Notification to AISD

In order to obtain an IEE at public expense, the parent or guardian must notify the special education director in writing. The parent or guardian should request an IEE as soon as possible, but no later than six months following AISD's evaluation in question. The IEE request should specify areas of disagreement with AISD's evaluation and list assessment questions to be addressed by the IEE. The parent or guardian must provide the name of evaluator, to allow AISD to check certification/license of evaluator and make contact directly with the evaluator.

Location of the Examiner

Upon request, parents will be provided information regarding where an IEE may be obtained.

Qualifications of the Examiner

Evaluators must provide proof of expertise in the area of evaluation techniques and interpretation and in the area of dispute. Additionally the evaluator must have current certification or license in the area of suspected disability and/or educational need.

Evaluation Procedures

Evaluators must agree to follow TEA guidelines in completing the evaluation. The evaluation should be designed to address whether or not the child has a disability as set forth in federal and state law and to assess specific areas of educational need.

Evaluators must use a variety of assessment tools and strategies to gather relevant functional, developmental, and academic information, including information provided by the parent and the school and should not use any single measure or assessment as the sole criterion for determining if the child is a child with a disability. 

Assessment instruments, materials and techniques must be: 1) selected and administered so as not to be discriminatory on a racial, cultural or sexual basis, 2) provided and administered in the language and form most likely to yield accurate information on what the child knows and can do academically, developmentally and functionally, 3) used for purposes for which the assessments or measures are valid and reliable, and 4) administered in accordance with any instructions provided by the producer of the assessment instruments.

Written Report

The evaluator must provide an original typed or computer-generated evaluation report within 30 calendar days from the date AISD mails a written authorization to the evaluator and no later than five (5) days prior to the Admission, Review and Dismissal (ARD) committee meeting. Protocols must be available for review. The report must include an original signature and title of all persons participating in the evaluation. The report must comply with all requirements of state and federal regulations.

Condition of Payment

Reimbursement/payment will be made directly to the evaluator upon receipt of an evaluation report which meets all of AISD's/TEA's criteria. Parents obtaining an IEE without following District's procedures will risk non- payment.

Reasonable Fees

AISD will not pay unreasonably excessive fees. An unreasonably excessive fee is one that is 25% or more above the prevailing fees in the area (as established in the Medicaid/Medicare Service Provider Manual) by professionals who are qualified to conduct specific tests and the unique circumstances of the child. This determination will be made by the appropriate director of special education.

 Location of Evaluation

Whenever an IEE is at public expense, the criteria under which the IEE is obtained, including the location of the examination and the qualifications of the examiner, must be the same as the criteria which AISD uses when it initiates an evaluation. The evaluator must be located within a 150 mile radius of AISD. This will allow the evaluator access to the public school for observation of the student and access to ARD meetings.

Conditions for Waiver of Cost

Parents will be allowed the opportunity to demonstrate to an ARD committee that unique circumstances justify an IEE that does not fall within AISD criteria.

Reimbursement for Unilaterally Obtained IEE

AISD will not consider a parent request for payment for a unilaterally parent-initiated IEE unless the request is made within a reasonable time after receipt of the results of the evaluation. A reasonable time is defined as 90 calendar days. The request will be presented to the ARD Committee for action. AISD can request a due process hearing to prove its own evaluation is appropriate. This can occur before an IEE is conducted; or, after the parent has obtained one and is asking for reimbursement. AISD will deny payment of an IEE conducted by someone who does not meet minimum qualifications.

Parent Initiated IEE

The results of a parent-initiated IEE obtained at private expense will be considered by AISD in any decision made with respect to the provision of a free appropriate public education to the student. Such consideration does not make the district liable for payment of the evaluation.

State and Federal Law

Information regarding other evaluation requirements included in state and federal law is available at the following websites:

http://www.tea.state.tx.us/special.ed/rules/sbs.html

http://framework.esc18.net/

http://www.tea.state.tx.us/special.ed/explansaf

http://ritter.tea.state.tx.us/rules/tac/chapter089/ch089aa.html