POLICY LETTER: August 13, 2010 to individuals (personally identifiable information redacted)

August 13,2010XXXXXXX XXXXXXXXXXXX XXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXX XXXXXXXX:This is in response to your May 14, 2010 letter to me asking several questions related primarily to the criteria used when a parent requests an independent educational evaluation (IEE) pursuant to 34 CFR 300.502.Under 34 CFR 300.502(a), the parents of a child with a disability have the right under Part B of the Individuals with Disabilities Education Act (IDEA) to obtain an IEE of the child, subject to 34 CFR 300.502(b) through (e). Additionally, each public agency must provide to parents, upon request for an IEE, information about where an IEE may be obtained, and the agency criteria applicable for IEEs as set forth in 34 CFR 300.502(e). Furthermore, under 34 CFR 300.502(e), 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 that the public agency uses when it initiates an evaluation, to the extent those criteria are consistent with the parent's right to an IEE. Except for the criteria identified immediately above, a public agency may not impose conditions or timelines related to obtaining an IEE at public expense.In your letter, you ask, "Can Districts impose a requirement, like holding a valid teacher's certificate, on an independent evaluator when the requirement is not necessarily germane to one's ability to assess the student?" As stated above, a public agency, including a local educational agency (LEA), or school district, must set criteria under which an IEE can be obtained at public expense, including the location of the evaluation and the qualifications of the examiner, which must be the same as the criteria that the public agency uses when it initiates an evaluation, to the extent those criteria are consistent with the parent's right to an IEE. 34 CFR 300.502(e)(1). For example, a public agency may establish qualifications that require an IEE examiner to hold or be eligible to hold a particular license when a public agency requires the same licensure for its own staff conducting the same types of evaluations. However, the agency is prohibited from imposing other conditions or timelines related to obtaining an IEE at public expense. 34 CFR 300.502(e)(2). In short, the IEE must meet the same criteria as the evaluation performed by examiners of the public agency, unless those criteria would result in the denial of an IEE to a parent. For example, children suspected of having a particular disability may require evaluations performed by clinical psychologists who would not meet the qualifications the State educational agency (SEA) requires for school psychologists to be licensed by the SEA.Page 2 XXXXX XXXXXXXXXXXYour letter also asks, Are School Districts allowed to distinguish between types of psychologist/evaluators and impose differing criteria for clinical psychologists than that of school psychologists when the clinical psychologist is licensed by the state and meets all professionally-accepted standards for performing [an] evaluation? Does the Doctoral-level clinical psychologist meet and/or exceed the qualifications of the Master's-level school psychologist for the purpose of administering an evaluation? If a person with a Master's degree in school psychology administers the initial assessment for the school, then shouldn't the school accept a licensed, clinical psychologist with four to six more years of formal training in psychology to administer an IEE?"The Department does not review a State's or LEA's personnel qualifications, including qualification criteria for evaluators involved in identifying children with disabilities to receive special education and related services. The Department believes that States are in the best position to determine appropriate professional requirements for personnel necessary to comply with the IDEA in their States. There is nothing in the IDEA that requires an SEA to determine qualifications of related services personnel, including psychologists who perform educational evaluations of children, based on nationally recognized standards or current professional standards. Professional organizations may establish personnel standards for related services personnel that differ from the qualifications established by a State for those personnel, but section 612(a)(14) of the Act clarifies that the State is responsible for establishing and maintaining personnel qualifications to ensure that related services personnel have the knowledge and skills to serve children with disabilities under the IDEA and are appropriately and adequately prepared and trained. As noted above. 34 CFR 300.502(e) provides that in order for an IEE to be 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 that the public agency uses when it initiates an evaluation, to the extent those criteria are consistent with the parent's right to an IEE. Except for these criteria, 34 CFR 300.502(e)(2) provides that a public agency may not impose conditions or timelines related to obtaining an IEE at public expense. In discussing a comment regarding State licensure for evaluators who conduct IEEs, in the Analysis of Comments and Changes section of the Part B regulations, we responded that, "consistent with applicable agency criteria, it would be appropriate for a public agency to require an IEE examiner to hold, or be eligible to hold, a particular license when a public agenSincerely,/s/Alexa Posny,Acting DirectorOffice of Special Education Programscc: XXXXXXXXX XXXXXXX