Independent Educational Evaluation (IEE): DEADLINES

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Lisa:  If a child study team misses a procedural deadline such as responding to parent request for IEE, what happens. Are there any repercussions for CST or not really? Can a parent make further demands because there was a procedural misstep with dates?

  1. Reading between the lines, this sounds like it might be a question posed by a member of staff. Perhaps some colleagues are displaying paranoia and you are wondering if they really have anything to fear.

    Personally, I think that if a school district makes a reasonable effort to support a child and collaborate with the parents in good faith, there is no reason to fear that the parents will complain, sue, file for due process, etc.

    That’s my personal opinion — coming at this as a parent who has had to file complaints and file for due process — because the district did not make a reasonable effort, and was not willing to collaborate with me.

  2. Understanding is that there are cases where the districts did not respond to a request for an IEE and the parents went ahead anyhow, and were able to get reimbursed in due process. The law reads something along the lines that the district must respond within a reasonable time frame, but the definition of that is has been left to the courts. If you are a parent and think that the child study team is stonewalling you, you probably need to contact a lawyer to find out how things go were you live. For example, if there is a timeline written into the local procedural handbook, then maybe that time can be used as a guide.

  3. Your state education agency could have rules on this. They could assess consequences on the school. You would need to explore this issue with them.

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