4321.4 Independent Education Evaluations

The Board of Education recognizes the right of parents/guardians of a student who has or is thought to have a disability to receive an independent evaluation at public expense if they disagree with the evaluation obtained by the Committee on Special Education (CSE) or the Committee on Preschool Special Education (CPSE).

The independent examination shall be conducted by a qualified examiner who is not employed by the District responsible for the child's education. Upon request, parents will be provided with a list of public and private agencies and professional resources where independent evaluations may be obtained and the agency criteria applicable for independent educational evaluations. These publicly funded independent evaluations shall be limited to the same geographic and fiscal limitations as used by the District when it initiates an evaluation.

The District has the right to initiate an impartial hearing to demonstrate that its evaluation is appropriate. If the hearing officer determines that the District's evaluation was appropriate, a parent/guardian is not entitled to reimbursement at public expense.

The Board of Education directs the Superintendent of Schools, or his/her designee, to develop procedures establishing maximum allowable fees for specific tests, the geographic area in which such evaluations may take place, the minimum qualifications of the professionals who administer and interpret various tests; and a reasonable timeline for seeking reimbursement. This information shall be included in the District’s Special Education Plan.

Cross-ref:
4321, Programs for Students with Disabilities

Ref:
20 USC §1415(d)(2)(A)
34 CFR §300.502
8 NYCRR §§200.1(z); 200.5(a); 200.5(b); 200.5(c); 200.5(g)
Education Law §§3602(10)
8 NYCRR §§155.1(a); 200.2(c)(iv),(v); 200.2(g)

Approved by the Board of Education: 12/18/08

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