POLICY LETTER: February 20, 2004 to California Department of Education Assistant Superintendent Alice D. Parker

Dated February 20, 2004Alice D. Parker, Ed.D.Assistant SuperintendentCalifornia Department of Education721 Capitol MallSacramento, California 94244Dear Dr. Parker:This is a response to your letter to Larry Ringer, Associate Division Director, Monitoring and State Improvement Planning, requesting guidance from the Office of Special Education Programs (OSEP) regarding an independent educational evaluation (IEE) under 34 CFR 300.502 of the regulations implementing the Individuals with Disabilities Education Act (IDEA). Specifically, you ask whether it is permissible for a public agency to restrict a parent's choice of an IEE to only the evaluators on a list provided the parent by the public agency and whether the public agency has the ultimate authority to choose the evaluator.The current IDEA regulations specify that the right of a parent to obtain an IEE is triggered if the parent disagrees with an evaluation initiated by a public agency. See 300.502(b)(1). The regulations also require that on request for an IEE, a public agency must provide the parent information about where an IEE may be obtained, and the agency criteria applicable for IEEs. 34 CFR 300.502(a)(2) and (e)(1). The public agency 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 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). Other than establishing these criteria, a public agency may not impose conditions or timelines related to a parent obtaining an IEE at public expense. See 300.502(e)(2).It is not inconsistent with IDEA for a district to publish a list of the names and addresses of evaluators that meet agency criteria, including reasonable cost criteria. This can be an effective way for agencies to inform parents of how and where they may obtain an IEE. In order to ensure the parent's right to an independent evaluation, it is the parent, not the district, who has the right to choose which evaluator on the list will conduct the IEE. We recognize that it is difficult, particularly in a big district, to establish a list that includes every qualified evaluator who meets the agency's criteria. Therefore, when enforcing IEE criteria, the district must allow parents the opportunity to select an evaluator who is not on the list but who meets the criteria set by the public agency. In addition, when enforcing IEE criteria, the district must allow parents the opportunity to demonstrate that unique circumstances justify the selection of an evaluator that does not meet agency criteria. In some instances, the only person qualified to conduct the type of evaluation need/s/ Patricia J. Guard for Stephanie Smith LeeDirectorOffice of Special Education ProgramsPage PAGE 2 Alice D. Parker, Ed.D.