Sevier County Department of Special Education (SCDSE)
Local Operating Guidelines for
Independent Educational Evaluation (IEE)
Right to an Independent Evaluation
SCDSE may offer to resolve the parent's disagreement
by providing an additional evaluation, however the parent is not required to
accept the system's offer.
A parent may seek an Independent Educational
Evaluation (IEE) if the parent disagrees with all or part of a comprehensive
assessment obtained by SCDSE. Such an IEE may be paid for by SCDSE if the IEE
meets the SCDSE criteria. However, SCDSE may at its option, initiate a due
process hearing to show that its own evaluation is appropriate. If SCDSE
prevails in the hearing, the parent still has the right to an IEE but not at
public expense.
Number of IEE'S
If SCDSE has not conducted an evaluation, the
parent does not have a right to an independent evaluation at public expense.
Only one IEE may be reimbursed for each comprehensive evaluation obtained by
SCDSE. The results of a parent-initiated IEE will be considered by SCDSE, but
such consideration does not make SCDSE liable for reimbursement for the IEE.
Location of the Examiner
Upon request, parents will be provided
information regarding where an IEE may be obtained.
Qualifications of the Examiner
Evaluators must provide proof of: expertise in
area of dispute; certification or license in area of specialization. Evaluators
must agree to follow Tennessee Department of Education (TDOE) guidelines in completing
the evaluation which will be tailored to assess specific areas of educational
need. Evaluator will use formal test instruments which are validated for the
specific purpose for which they are used, and test instruments designated to
measure the specific area of disagreement and that generate standard scores to
determine eligibility. Test instruments shall be administered by trained
personnel in conformance with the instructions provided by their producer.
Written Report
The evaluator must provide an original typed
assessment report within 30 calendar days from the date that an IEE is approved
by SCDSE and five days prior to the IEP meeting. The report must address all
components for assessment and eligibility established by the Tennessee
Department of Special Education (i.e. If the assessment involves classroom
observation, the IEE must include the same). Protocols must be
available for review and the report must include an original signature and
title of all assessment personnel involved in the evaluation. The report must
comply with all requirements of state and federal regulations.
Signatures on Report
The report must be signed by all persons
participating in the examination of the student.
Notification to SDCSE
In order to obtain an IEE at public expense, the
parent or guardian must notify the special education director in writing. The
parent or guardian should request an IEE as soon as possible, but no later than
six months following SCDSE's evaluation in question. The IEE request should
specify areas of disagreement with SCDSE's evaluation and list assessment
questions to be addressed by the IEE. The parent or guardian must provide the
name of evaluator, to allow SCDSE to: check certification/license of evaluator
and make contract directly with the evaluator.
Condition of Payment
Reimbursement/payment will be made directly to
the evaluator upon receipt of an IEE which meets all of SCDSE's / TDOE'S
criteria. Parents obtaining an IEE without following System's procedures will
risk non- payment.
Reasonable
SCDSE will not pay unreasonably excessive fees.
An unreasonably excessive fee is one that is 25% or more above the prevailing
fees in the area (as established in the Medicaid/Medicare Service Provider
Manual) by professionals who are qualified to conduct specific tests and the
unique circumstances of the child. This determination will be made by the
appropriate director of special education.
Location of Evaluation
Whenever an IEE is at public expense, the
criteria under which the IEE is obtained, including the location of the
examination and the qualifications of the examiner, must be the same as the
criteria which SCDSE uses when it initiates an evaluation. The evaluator must
be located within a 150 mile radius of SCDSE. This will allow the evaluator
access to the public school for observation of the student and access to IEP
meetings.
Conditions for Waiver of Cost
Parents will be allowed the opportunity to
demonstrate to the Director of Special Education that unique circumstances
justify an IEE that does not fall within SCDSE criteria.
State and Federal Law
Evaluations must comply with all state and
federal requirements.
Reimbursement for Unilaterally Obtained IEE
SCDSE will not consider a parent request for
payment for a unilaterally parent-initiated IEE unless the request is made
within a reasonable time after receipt of the results of the evaluation. A
reasonable time is defined as 90 calendar days. The request will be presented
to the Director of Special Education for action. SCDSE can request a due
process hearing to prove its own evaluation is appropriate. This can occur
before an IEE is conducted; or, after the parent has obtained one and is asking
for reimbursement. SCDSE will deny payment of an IEE conducted by someone who
does not meet minimum qualifications.
Parent Initiated IEE
The results of a parent-initiated IEE obtained at
private expense will be considered by SCDSE in any decision made with respect
to the provision of a free appropriate public education to the student. Such
consideration does not make the district liable for payment of the evaluation.
Sevier County Department of Special Education
John T. Enloe, Director
550 Eastgate Road
Sevierville, TN 37862
Phone: (865) 453-1036
Fax: (865) 453-3112