Comments from the NEUROLOGIST, Madeleine Kitaj

In a past blog post, we discussed a child who came in with severe dyslexia and I suspected he also had an auditory processing disorder. I strongly advised not to allow the school system to delay the testing, as the child loses confidence, and we don’t have any magic pill to restore confidence in a child once it is lost. We have gotten many comments from parents asking do they have to pay for the complete psychoeducational evaluation? For this answer, I asked the attorney.

Comments from the ATTORNEY, Michael Kaufman

Parents have an absolute right to get an independent educational evaluation (IEE) for their child. This evaluation must be considered by the IEP team. They have no discretion in this matter.

The big question is who pays for it; the school district or the parents. Usually it’s the parents. There are circumstances, however, in which the school district will bear the cost. If for whatever reason, such as lack of personnel, the school district is not able to conduct an evaluation that the IEP team has indicated is necessary the school district must pay for it. Sometimes the school district itself determines that an IEE is necessary. In this situation it must also pay for the evaluation.

Most importantly if the school district has obtained an educational evaluation and the parents disagree with that evaluation, they have the right to an IEE “at public expense.” The school district can avoid paying for it if it files a due process complaint to request a hearing to show that its evaluation is appropriate. If the hearing officer agrees, the school district will not have to pay for the evaluation. Similarly the local school district can avoid paying if after such an IEE has been had it shows in a hearing that “the evaluation obtained by the parent did not meet agency criteria.” Such criteria might include “the location of the evaluation and the qualifications of the examiner….” Cost can also be a reasonable criterion. The parents should, however, have the opportunity to show that there are unique circumstances justifying the selection of an evaluator that does not meet agency criteria.

An IEE can make a big difference in determining whether the child has a disability entitling that child to special education. Similarly such an evaluation can make a big difference in what goes into the IEP. Even if the school district does not pay, if the parents can afford to pay for the IEE, parents should strongly consider the possibility of having an IEE.