IHBAI - Independent Educational Evaluations (IEEs)

IHBAI - IndependentSPECIAL EducationalEDUCATION EvaluationsINDEPENDENT EVALUATION (IEEs)

AMSAD parent35 ofhas aadopted studentthis policy regarding special education independent educational evaluations, consistent with disabilitiesstate hasand afederal rightspecial toeducation obtainregulations.

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An independent educational evaluation at public expense if the parent disagrees with an evaluation obtained by MSAD #35. An “independent educational evaluation” meansis an evaluation conducted by a qualified examiner who is not employed by MSAD #35.35. 

If a parent requests anAn independent educational evaluation at public expense tomeans challenge an evaluation obtained by MSAD #35,that the school musteither providepays afor writtenthe responsefull to that request within a reasonable period, not to exceed 30 dayscost of the receiptevaluation ofor ensures that the request,evaluation andis shall,otherwise withoutprovided unnecessaryat delay,no eithercost (1)to initiatethe aparent. hearing Qualified examiners in private practice under contract with the Maineschool Departmentunit ofwho Educationhave not previously evaluated, instructed or provided consultation regarding a particular student are eligible to show that its evaluation is appropriate, or (2) ensure thatprovide an independent educational evaluation isof providedthe student. 

A parent has a right to obtain an independent evaluation at public expense,expense unlesswhen MSADthey #35 demonstrates in a hearingdisagree with the Maine Department of Education that the evaluation obtaineddone by the parentschool, didas notset meetforth agencybelow. criteria.

If a parent requests an independent educational evaluation at public expense, the publicschool agencyunit may ask for the parent’s reason why he/shethey objectsobject to MSADthe #35’public school’s evaluation.  However, the explanationschool byunit may not require the parent mayto notprovide bean required,explanation and MSAD #35, may not unreasonably delay either providing the independent educational evaluation at public expense or initiatingdenying the request and filing for a due process hearing to defend MSADthe #35’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 theMSAD 35 refuses to provide an independent evaluation is at public expense, the criteria under whichthen the evaluationschool isunit obtained,must includinginitiate a due process hearing within 30 days of receiving the locationrequest. If the hearing officer upholds the appropriateness of the evaluationschool andunit’s evaluation, then the qualificationsparents shall be fully responsible for the cost of the examiner,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 themet same asif the criteriaschool thatunit MSADis #35going usesto when it initiatesapprove an evaluation.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 #3535 shallwill provide to the parent,parents, upon request for an independent educational evaluation, information about where an independent educational evaluation may be obtainedobtained, and information about the school’s criteria applicableset toforth in this policy for obtaining an independent educational evaluationsevaluation at public expense. 

2. If the parent obtainsFor an independent educational evaluation to be funded at privatepublic expense, it must meet the resultsfollowing conditions: 

A. The parents must be in disagreement with a school-ordered evaluation; 

B. The contested school evaluation is inappropriate in the opinion of the Special Services Director; 

C. The proposed independent evaluator is appropriately qualified professional to conduct the type of evaluation being considered; 

D. The person or agency completing the independent evaluation submits a written report that conforms to all the requirements for written evaluations set forth in Maine special education regulations, currently found at MUSER V;  

E. The cost of the evaluation mustshall not be consideredhigher than the Medicaid rate ceiling for comparable evaluation services, unless the family establishes that an independent evaluation is not available at or below the Medicaid rate ceiling for that evaluation, and in that event, the cost of the evaluation shall not exceed the usual and customary rate for such evaluations in York County.

F. A complete copy of the independent evaluation has been provided to MSAD 35 before payment.

G. The evaluator has reviewed relevant educational records as part of the evaluation.

H. Unless otherwise determined by the members of the child’s IEP Team, the evaluator has either: a) observed the child in one or more educational settings; or b) made at least one contact with the child’s general education teacher for the purpose of determining how the student is progressing in the general curriculum.  Evaluators are encouraged to make additional contacts with other involved general and special education teachers and related service providers.

I. The evaluator is permitted to directly communicate and share information with members of the IEP Team, the Special Services Director, and the Director’s designees.  The evaluator must also release the assessments and results, including any parent and teacher questionnaires, to members of the IEP Team, the Special Services Director, and the Director’s designees.

J. MSAD #35,35 ifshall be entitled to inspect and obtain copies of the evaluator’s records, including any records created by third parties.  However, those records will not be deemed accessible to any school personnel other than the evaluator, unless and until the School Department exercises its right to inspect or obtain copies of those records from the evaluator.

         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 evaluationthe meetsDirector MSADis #35’sdenying criteriathe request, the Director must also file for independenta educationaldue evaluations,process inhearing anyprior decision made with respect                 to the provisionconclusion of athat freesame appropriate30-day time period.

         4.  A parent cannot request an independent evaluation at public educationexpense forin theresponse child.

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Ifa school evaluation that is more                        than two years old.  When the parent requests an independent evaluation at public expense whenin an assessment area that                    has not been evaluated by the school, MSAD 35 shall notify the parent doesthat notit disagreecannot with an evaluation provided by MSAD #35,approve or whendeny such a request until                after the school has not recently provided an evaluation inhad the area requested, the parent request shall be referred without unnecessary delayopportunity to thecomplete PETa to determine whether the PET should order anschool-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. 

Legal Reference: 

 34 CFRC.F.R. § 300.502 (March 1999)2006)

Ch. 101 §§ 9.19, 12.5 (Nov. 1999) (Me. Dept. of Ed.Educ. Rules)Rule Ch. 101, § V (2015); 

Policy Adopted: December 1, 2004

Policy Revised: February 12, 2025