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IHBAI - Independent Educational Evaluations (IEEs)

IHBAI - SPECIAL EDUCATION INDEPENDENT EVALUATION (IEEs)

MSAD 35 has adopted this policy regarding special education independent educational evaluations, consistent with state and federal special education regulations.

An independent educational evaluation is an evaluation conducted by a qualified examiner who is not employed by MSAD 35.  An independent educational evaluation at public expense means that the school either pays for the full cost of the evaluation or ensures that the evaluation is otherwise provided at no cost to the parent.  Qualified examiners in private practice under contract with the school unit who have not previously evaluated, instructed or provided consultation regarding a particular student are eligible to provide an independent educational evaluation of the student. 

A parent has a right to obtain an independent evaluation at public expense when they disagree with the evaluation done by the school, as set forth below. 

If a parent requests an independent educational evaluation at public expense, the school unit may ask for the parent’s reason why they object to the public school’s evaluation.  However, the school unit may not require the parent to provide an explanation and may not unreasonably delay either providing the independent educational evaluation at public expense or denying the request and filing for a due process hearing to defend the public school’s evaluation.

A parent is entitled to only one independent educational evaluation at public expense each time the school conducts an evaluation with which the parent disagrees, but only if other conditions in this policy are also met.

If MSAD 35 refuses to provide an independent evaluation at public expense, then the school unit must initiate a due process hearing within 30 days of receiving the request. If the hearing officer upholds the appropriateness of the school unit’s evaluation, then the parents shall be fully responsible for the cost of the independent evaluation. If the hearing officer concludes that the school unit’s evaluation was not appropriate, then the school unit must pay for the cost of the independent educational evaluation.

The following criteria must be met if the school unit is going to approve an independent evaluation at public expense.  Unique circumstances may justify deviation from these criteria.  If a parent or school staff member is aware of such unique circumstances, they should inform the student's case manager or the school unit’s Special Services Director immediately.

  1. MSAD 35 will provide to parents, upon request for an independent educational evaluation, information about where an independent evaluation may be obtained, and the criteria set forth in this policy for obtaining an independent evaluation at public expense. 

  2. For an independent educational evaluation to be funded at public expense, it must meet the following conditions: 

         3.  The Special Services Director will respond within 30 days of receipt of a request for an independent evaluation at public                  expense.  In the event that the Director is denying the request, the Director must also file for a due process hearing prior                  to the conclusion of that same 30-day time period.

         4.  A parent cannot request an independent evaluation at public expense in response to a school evaluation that is more                        than two years old.  When the parent requests an independent evaluation at public expense in an assessment area that                    has not been evaluated by the school, MSAD 35 shall notify the parent that it cannot approve or deny such a request until                after the school has had the opportunity to complete a school-ordered evaluation in the area requested. The Special                        Services Director should refer the question of additional school-ordered evaluations in the areas of concern to the IEP                      Team. 

        5.   A qualified examiner is permitted to observe a child at school or at a potential educational placement when the qualified                  examiner is not employed by the school and is conducting an independent educational evaluation at the request of the                    parent, at times and durations as the school would permit a qualified examiner that is employed by the school.

        6.   If a parent provides MSAD 35 with a copy of an independent educational evaluation, the IEP team will consider the                            evaluation whether or not that evaluation is provided at public expense.  MSAD 35 will not accept or rely on any                                independent educational evaluation that does not meet state regulatory criteria for evaluations. 



 34 C.F.R. § 300.502 (2006)

Me. Dept. of Educ. Rule Ch. 101, § V (2015); 



Policy Adopted: December 1, 2004

Policy Revised: February 12, 2025