Independent Educational Evaluations

1. Independent Educational Evaluations Developed by Contra Costa SELPA As Recommended for LEA Board Policy 2001-2002

2. Facilitated by Contra Costa SELPA Staff Independent Ed Evaluation 8-10-01

3. Purpose The purpose of this presentation is to inform administrators, special and general education staff of the district’s requirements and recommended procedures to provide an Independent Educational Evaluation. Independent Ed Evaluation 8-10-01

4. Parent Rights Definitions Process Timeline Criteria for Examiners Evaluation Requirements To Refuse an IEE Request Parent Initiated Not Funded Reimbursement Recommended Agenda Independent Ed Evaluation 8-10-01

5. Parent Rights To Evaluation • Not racially, culturally or sexually discriminatory • Administered in the student’s primary language • Tests are validated for the purpose that they are used • Administered by trained, qualified personnel • To disagree with findings and request an Independent Education Evaluation (IEE) at public expense Independent Ed Evaluation 8-10-01

6. Definitions • An Independent Education Evaluation (IEE) is an evaluation conducted by a qualified examiner who is not an employee of the District • At public expense means either: • The district pays for the full cost of the evaluation or its components by contract or • Ensuresthat the evaluation or components are provided at no cost to the parents by written agreement to reimburse the parents Independent Ed Evaluation 8-10-01

7. Process: The Parent Must • Disagree with an evaluation conducted by the District • Inform the District in writing, or communicate to the District at an IEP meeting • Request an Independent Education Evaluation at public expense Independent Ed Evaluation 8-10-01

8. Process: The District Must • Provide the policy to the parent and either • Initiate due process to show the district’s evaluation is appropriate or • Provide an Independent Education Evaluation (IEE) at no cost to the parent • District may ask for reasons or specific areas of disagreement • Parent not obligated to provide information • District may not delay implementation of policy Independent Ed Evaluation 8-10-01

9. To Provide An IEE, The District • Offers an alternate district examiner and also • Provides options for an IEE at public expense: • A staff member from another LEA in the SELPA • A staff member from another SELPA • A private sector provider Independent Ed Evaluation 8-10-01

10. To Provide An IEE, The District • Arranges for the alternate evaluator Or • Contracts with the alternate evaluator Or • Creates a written agreement to reimburse the parents Independent Ed Evaluation 8-10-01

11. Timeline Within 15 days of receiving notification from the parent, the district will: • Determine the option of filing for hearing or providing IEE • Notify parents of the district’s decision • File for hearing or provide the parents with an Assessment Plan Independent Ed Evaluation 8-10-01

12. Timeline • The parent should sign the Assessment Plan within 15 days • Within 15 days of receiving written consent to the evaluation, the district arranges contract with examiner • Within 50 days of receiving written consent • Examiner provides a written report for an IEP • The IEP meeting is held Independent Ed Evaluation 8-10-01

13. Timeline If examiner cannot meet timeline: • District will inform the parent • Ask for an extension • Opt for an non-IEE evaluation on a specific, mutually agreeable timeline Or • Select another option or provider Independent Ed Evaluation 8-10-01

14. Criteria For Selection Of Examiners • Location limitations • Qualification of examiner • Cost parameters • Use of approved instruments • Agreement to specific conduct and performance standards Independent Ed Evaluation 8-10-01

15. Performance Standards for Examiners • Follow guidelines for District evaluations • Observation in an appropriate setting (classroom) • Interview Parents • Attend the IEP meeting • By phone, Or • In person • Provide written evaluation report District should pay only when contract requirements completed Independent Ed Evaluation 8-10-01

16. Cost Parameters • Comparable to costs of District employees Or • Contractors conducting a similar evaluation Or • Calculated cost guidelines • Time required • Appropriate District hourly rate Independent Ed Evaluation 8-10-01

17. Requirements for Evaluation • Not racially, culturally or sexually discriminatory • Administered in the student’s primary language • Tests are validated for the purpose that are used • Administered by trained, qualified personnel • e.g.: Tests of intellectual or emotional functioning administered by credentialed school psychologist • Conducted by person knowledgeable of the disability including low incidence disabilities Independent Ed Evaluation 8-10-01

18. Requirements for Evaluation • Assess specific areas of educational need • Produces results that accurately reflect the student’s ability/achievement level • No single instrument is used for program and eligibility • Assessed in all areas of suspected disability unless only one or more areas are identified as in dispute • If more than one area is in dispute, more than one professional competency or more than one assessor may be required Independent Ed Evaluation 8-10-01

19. Requirements for Written Evaluation Report • Behavior noted in an appropriate setting • Relationship of behavior to academic/social functioning • Educationally relevant health, development, and medical findings Independent Ed Evaluation 8-10-01

20. Requirements for Written Evaluation Report • For Learning Disability: Discrepancy between achievement and ability that cannot be corrected without special education and related services • Determination of effects of environmental, cultural, and economic disadvantage • Need for equipment, services, materials for low incidence disabilities • Need for Special Education and Related Services • Basis for that determination Independent Ed Evaluation 8-10-01

21. To Refuse An IEE • The District must initiate due process to show the district’s evaluation is appropriate • If the hearing decision is that the evaluation is appropriate, • The parent has the right to seek an evaluation but not at public expense • No reimbursement and no evaluation unless ordered by the Hearing Officer Independent Ed Evaluation 8-10-01

22. Parent Initiated Evaluations • Must be considered by the District and the IEP team (document on the IEP that the private evaluation was read, discussed and considered) • May be presented as evidence at a hearing Independent Ed Evaluation 8-10-01

23. Evaluations Not Funded by the District • Parent disagrees with evaluation however District does not reimburse parents if: • Evaluation obtained prior to completion of District evaluation and • Prior to discussion of District’s evaluation at an IEP meeting • Parent independently seeks a private evaluation • Without written notice of disagreement and • Without requesting an IEE from District Independent Ed Evaluation 8-10-01

24. Reimbursement of Parents Recommended When all of the following have been met: • Parent disagreed with District evaluation • Parent obtained evaluation meets district criteria and is no older than twelve months • Parent provides district with written consent to exchange information with the examiner • Examiner is available to attend IEP meeting • By phone or in person and • Provides an evaluation protocol(s) Independent Ed Evaluation 8-10-01

25. Reimbursement of Parents Recommended When any of the following exist: • A noncompliant District evaluation or other significant procedural error • Private evaluator assessed the student: • In an area of suspected disability not assessed by District and • The District chooses not to do their own evaluation in that area and • Evaluation completed in accordance with District criteria and • Cost no greater than district evaluation Independent Ed Evaluation 8-10-01

26. The Contra Costa SELPA would like to thank you for your interest in this topic and for your attendance at this training. Independent Ed Evaluation 8-10-01