Districts may not limit the parents' rights to an independent educational evaluation

Post date: Jun 01, 2012 3:8:16 PM

When parents request an independent educational evaluation (IEE) after the District has done its own testing, how many times have we heard, "The District will not provide an independent neuropsychological evaluation (or comprehensive reading evaluation or something else) because we have a right to first do our own evaluation in that area?" According to the U.S. Department of Education's Office of Special Education Programs (OSEP), this is not OK.

The New Jersey State Department of Education recently received a memo from OSEP that states it is a violation of IDEA for districts to limit the parents' right to an IEE by insisting that the district have an opportunity to conduct an assessment in an area not covered by the initial evaluation or reevaluation before the parents are granted an IEE.

The OSEP memo to New Jersey and the New Jersey memo to districts are attached, below.

More information about IEEs is here.