Jill: Is there a time limit on when you can disagree with an evaluation done by the school for the purpose of requesting an IEE? There hasn’t been another evaluation done since the one I disagree with.
Independent Educational Evaluation (IEE): WHAT IS THE TIMELINE FOR REQUESTING IEE AFTER SCHOOL EVAL?
Case law appears to support the position that the two-year statute of limitations applies to requests for an IEE. In a 2008 Georgia case involving the Atlanta Public Schools, Administrative Law Judge (“ALJ”) La Ronda D. Barnes found that a student’s request for an IEE which was made three years after the Atlanta Public Schools conducted its assessment, was “untimely, as it was not made within a reasonable time after [the district] conducted its evaluation and is beyond the two-year statute of limitations”. ALJ Barnes went on to hold that the student was not entitled to an IEE at public expense and any request for an IEE based on the Atlanta Public Schools disputed evaluation was barred by the statute of limitations. ALJ Barnes granted the school district’s motion for summary judgment.
An ALJ does not set a precedent for other ALJs or even other states, courts, etc. Do we have case law that is precedent-setting?
We had our own neuropsychological/ educational evaluation done this summer by a clinical child psychologist. I have the results of every test given. Does the school still have 60 days to implement an IEP given they have the results in front of them? The report also includes diagnostic codes.
It’s my understanding that the evaluation, not the eligibility, must be completed within 60 days. Since the evaluation has already been completed, they have met the statue. I would hope they would meet sooner rather than later, but unfortunately have seen the school district take 6 months to go to eligibility after the evaluation was complete.
a. Is your child already in spec. ed? You can request an IEP and present the findings at the meeting.
b.Write a letter and request an IEE review. Some independent evaluations don’t have all the educational components required by IDEA or the State ‘regulations. So your child may need additional tools administered before a meeting can be held.
We have typically requested an outside evaluation after the school has done their evaluation and if we don’t agree with it. If the school’s evaluation was within the last year I think you can request an outside evaluation however once you send the letter to the school requesting this they may want to re-test your child again if it has been a long time. Make sure you sign their consent form so that they get it done in 60 days. Once you get the results you may disagree and request the outside eval at the school’s expense. I know it means waiting but there may be no other way.
60 days only applies to initial evaluations. Re-evaluations must be completed by the three year mark.
The timeline is still in place for re-evals. Testing time lines start once consent (for initial or re-eval) is signed by the parent. The school must do its due diligence to ensure the testing and new eligibility meeting occurs in time for the 3 year anniversary.
Federal law does not address a timeline, but state law or district policy may. Your state parent training & information center can assist you with this situation. http://www.parentcenterhub.org/find-your-center/