NC 1504-1.3 Independent Educational Evaluation

Plain English summary

This regulation establishes the right of parents of children with disabilities to obtain an independent educational evaluation (IEE), including at public expense when the parent disagrees with the LEA's evaluation. LEAs must either fund the IEE or promptly file for a due process hearing to defend their evaluation, and results of any IEE must be considered in FAPE decisions. Parents are entitled to one publicly funded IEE per LEA evaluation with which they disagree.

Key requirements

• Each LEA must provide to parents, upon request for an independent educational evaluation, information about where an independent educational evaluation may be obtained, and the agency criteria applicable for independent educational evaluations.
• If a parent requests an independent educational evaluation at public expense, the LEA must, without unnecessary delay, either file for a due process hearing to show that its evaluation is appropriate, or ensure that an independent educational evaluation is provided at public expense.
• The public agency may not require the parent to provide an explanation and the public agency may not unreasonably delay either providing the independent educational evaluation at public expense or requesting a due process hearing to defend the public evaluation.
• A parent is entitled to only one independent educational evaluation at public expense each time the public agency conducts an evaluation with which the parent disagrees.
• The results of any independent educational evaluation obtained at public expense must be provided to the LEA.
• If the parent obtains an independent educational evaluation at public expense or shares with the public agency an evaluation obtained at private expense, the results of the evaluation must be considered by the public agency, if it meets agency criteria, in any decision made with respect to the provision of FAPE to the child.
• Results of an independent educational evaluation may be presented by any party as evidence at a hearing on a due process complaint regarding that child.
• If a hearing officer requests an independent educational evaluation as part of a due process hearing, the cost of the evaluation must be at public expense.
• If an independent educational evaluation is at public expense, the criteria under which the evaluation is obtained, including the location of the evaluation and the qualifications of the examiner, must be the same as the criteria that the public agency uses when it initiates an evaluation.
• Except for the criteria described in paragraph (e)(1), a public agency may not impose conditions or timelines related to obtaining an independent educational evaluation at public expense.

Affected parties

• Parents of children with disabilities
• Local Education Agencies (LEAs)
• Children with disabilities
• Qualified independent examiners
• Due process hearing officers

Official source

https://www.dpi.nc.gov/documents/publications/catalog/ec144-policies-governing-services/open#page=83