Niskayuna Central School District > Board of Education > Board Policies > Board of Education Policy 7680: Independent Educational Evaluations at Public Expense

Board of Education Policy 7680: Independent Educational Evaluations at Public Expense

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

It shall be the policy of the Board of Education to provide for the payment of an Independent

Education Evaluation (IEE) under the following terms and conditions:

  1. A parent may only obtain one Independent Education Evaluation (IEE) at public expense each time the District conducts an evaluation with which the parent disagrees.
  2. The Board shall not authorize an IEE at public expense unless the District has conducted its own evaluation and the parent requests an IEE based on a disagreement with its results.
  3. The District may ask a parent to explain the basis for the disagreement with the District’s evaluation but may not require such an explanation as a prerequisite or unreasonably delay in acting upon such request.
  4. The Assistant Superintendent of Student Support Services shall develop, maintain and periodically update a payment schedule for such educational evaluations based on a survey of the community cost to secure them and shall enforce a fifty (50) mile geographic limit. An IEE shall not be approved at public expense without verification that the individual proposed to conduct such testing is qualified to do so under the laws of the state in which he/she practices.
  5. A waiver of the Board’s Policy regarding payment and geographic limits shall be considered upon receipt of a written request that establishes that in its absence, the student, and his/her parent would be denied their rights.
  6. The Assistant Superintendent of Student Support Services shall maintain and provide to any parent who requests an IEE a current list of approved evaluators.
  7. The Board shall not reimburse a parent for the cost of an evaluation which does not conform to the Board’s policy on reimbursement, in the absence of a waiver, and before the District conducts its own evaluation.
  8. Requests for IEEs shall be reviewed by the Assistant Superintendent of Student Support Services, who shall notify the parent within fifteen (15) business days of his/her receipt of such request, of his/her decision and shall state the reasons for a denial in a prior written notice.
  9. If, upon review, the Assistant Superintendent of Student Support Services determines that the request for an IEE shall be approved, the District shall offer a contract to the individual selected by the parents, upon the individual’s acceptance of the Board’s terms, which shall provide for payment upon the District’s receipt of the final evaluation.
  10. If the Assistant Superintendent of Student Support Services declines approval of a request for an IEE at public expense based on a determination that its evaluation was appropriate or that the parent’s request does not conform with the criteria established pursuant to the Board’s policy, the District shall notify the parent no later than twenty (20) days following the parent’s request with an explanation of the reasons. Unless the parties reach another agreement and/or the parent withdraws their request, the District shall notify the parent that the Board is scheduling a hearing and the Board shall appoint a Hearing Officer.
  11. If the District has not conducted its own re-evaluation within one year of the parent’s request, it shall conduct a re-evaluation to consider the parent’s request and shall arrange to conduct its own assessment, with parental consent, if the assessment requested is determined to be necessary.
  12. In all cases, the District shall first inquire of the parent whether they are willing to use their insurance to cover any portion of the cost of the evaluation in which case, with their informed consent, the District shall offer to assume the cost of any co-pay.

 

Definition of Terms

  1. An Independent Educational Evaluation (IEE), as referenced in this policy, means an evaluation conducted by a qualified examiner who is not employed by the public agency responsible for the education of the student.
  2. A re-evaluation constitutes a review by a group that includes the Committee on Special Education (CSE) of existing evaluation data including evaluations and information provided by the parent of the student, current classroom-based assessments, local and state assessments, classroom-based observations, and observations by teachers and related service providers, with input from the parent, to determine what additional data, if any, are needed to determine:
    1. Whether the student continues to have a disability.
    2. The present levels of academic achievement and related developmental needs, including physical, academic, functional, social/emotional needs and management needs.
    3. Whether any additions or modifications to the services recommended are needed to enable the student to meet the measurable goals set out in the IEP and to participate, as appropriate in the general curriculum.

If the team concludes that no additional data is needed, the District must notify the parent of its determination and the reasons for such determination, and of the parent’s right to request an assessment to determine whether the student continues to be a student with a disability and to determine the student’s educational needs. The District is not required to conduct the assessment unless requested to do so by the student’s parent.

 

Reference: 8 NYCRR POO.5(g).

Adopted June 13, 2017, Revised and Renamed February 28, 2023 and Updated January 23, 2024