POLICY LETTER: March 20, 2003 to Arkansas Volunteer Educational Advocate David Young

Dated March 20, 2003Mr. David YoungVolunteer Educational Advocate2008 Erving Ridge LoopCabot, Arkansas 72023Dear Mr. Young:This letter is in response to a series of e-mails that you have sent to the Office of Special Education Programs (OSEP) regarding the Individuals with Disabilities Education Act (IDEA). We apologize for the delay in responding to you.In your e-mails, you ask this Office to clarify the requirements relating to district practices of not paying for an independent educational evaluation (IEE) unless the examiner is specified on a list provided by the local educational agency (LEA). In particular, you ask whether the policy of limiting the choices of qualified IEE examiners to approved lists of the LEAs is inconsistent with a parent's right to an IEE.As you know, the Part B regulations provide that each agency shall provide to parents, upon request for an IEE, information about where an independent educational evaluation may be obtained, and the applicable agency criteria for an IEE. 34 CFR 300.502(a)(2) and (e)(1). The regulations further specify that the parent has a right to an IEE at public expense if the parent disagrees with the agency's evaluation. 34 CFR 300.502(b)(1). If the parent requests an IEE at public expense, the public agency, without unnecessary delay, must either initiate a hearing under section 300.507 to demonstrate that its evaluation was appropriate or pay for the IEE unless it can prove in a hearing that the evaluation obtained by the parent did not meet agency criteria. 34 CFR 300.502(b)(2). In addition, the 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 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. Significantly, 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, Further, this Office believes it is not inconsistent with IDEA for the district to maintain, and require parents to use, a list of qualified examiners that meet the same 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. Specifically, if the child's needs can be appropriately evaluated by the persons on the list and the list exhausts the availability of qualified people within the geographic area specified, then an agency can restrict parents to selecting from among those persons on the list. If such a list is maintained and parents are required to use it, the LEA must include in its policy that parents have the opportunity to demonstrate that unique circumstances justify selection of an IEE examiner who does not meet the agency's qualification criteria and do not appear on the agency's list of examiners.We hope this letter answers your questions concerning IEE policies. If you would like further assistance on this matter, please contact Dr. JoLeta Reynolds of OSEP at (202) 205-5507, and press #3.Sincerely, /s/ Patricia J. Guard forStephanie S. LeeDirectorOffice of Special Education ProgramsPage PAGE 2 - Mr. David Young