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3G - Independent Educational Evaluations

As described below, the parent has the right to obtain an independent educational evaluation (IEE) of the child if the parent disagrees with the evaluation of the child that was obtained or conducted by Albuquerque Public Schools.  (34 C.F.R. § 300.502(a) (1))

If the parent requests an independent educational evaluation, Albuquerque Public Schools shall provide the parent with information about where the parent may obtain an independent educational evaluation and about Albuquerque Public Schools’ criteria that apply to independent educational evaluations.  (34 C.F.R. § 300.502(a) (2))

Parental Right to Independent Educational Evaluation at Public Expense

The parent has the right to an independent educational evaluation of the child at public expense if the parent disagrees with an evaluation of the child obtained or conducted by Albuquerque Public Schools.  This independent educational evaluation shall be subject to the following conditions:

  • If the parent requests an independent educational evaluation of the child at public expense, Albuquerque Public Schools shall, without unnecessary delay, either:
    • File a due process complaint to request a hearing to show that its evaluation of the child is appropriate; or
    • Provide an independent educational evaluation at public expense, unless Albuquerque Public Schools demonstrates in a hearing that the evaluation of the child that the parent obtained did not meet the school district’s criteria.
  • If Albuquerque Public Schools requests a hearing and the final decision is that the district’s evaluation of the child is appropriate, the parent still shall have the right to an independent educational evaluation, but not at public expense.
  • If the parent requests an independent educational evaluation of the child, the district may ask why the parent objects to the evaluation of the child obtained by Albuquerque Public Schools.  However, Albuquerque Public Schools shall not require an explanation and shall not unreasonably delay either providing the independent educational evaluation of the child at public expense or filing a due process complaint to request a due process hearing to defend the district’s evaluation of the child.

(34 C.F.R. § 300.502(b))

The parent shall be entitled to only one independent educational evaluation of the parent’s child at public expense each time Albuquerque Public Schools conducts an evaluation of the child with which the parent disagrees.  (34 C.F.R. § 300.502(b) (5))

Parent-Initiated Independent Educational Evaluations

If the parent obtains an independent educational evaluation of the child at public expense or the parent shares with Albuquerque Public Schools an evaluation of the child that the parent obtained at private expense:

  • Albuquerque Public Schools shall consider the results of the evaluation of the child, if it meets the district’s criteria for independent educational evaluations, in any decision made with respect to the provision of a free appropriate public education to the child; and
  • The parent or Albuquerque Public Schools may present the evaluation as evidence at a due process hearing regarding the child.

(34 C.F.R. § 300.502(c))

All parent-initiated educational evaluations shall comply with Albuquerque Public Schools established procedures for an independent educational evaluation.

Albuquerque Public Schools Criteria for Independent Educational Evaluations

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, shall be the same as the criteria that Albuquerque Public Schools uses when it initiates an evaluation (to the extent those criteria are consistent with the parent’s right to an independent educational evaluation).  (34 C.F.R. § 300.502(e) (1))

Albuquerque Public Schools has established the following criteria, which shall be followed by evaluators conducting independent educational evaluations:

  • The individual or agency shall conduct business within Bernalillo County;
  • The individual or agency shall have assessment experience and follow evaluation guidelines set forth by New Mexico Technical Evaluation Assessment Manual (NMTEAM);
  • Fees shall be aligned with fees of evaluators contracted or employed by Albuquerque Public Schools in comparable roles;
  • The individual or agency shall hold a current New Mexico license in one or more of the following professions:
    • Educational Diagnostician;
    • School Psychologist;
    • Clinical Psychologist;
    • Psychiatrist;
    • Neuropsychologist;
    • Audiologist;
    • Speech Language Pathologist;
    • Occupational Therapist;
    • Physical Therapist; and
  • Any other evaluators must provide documentation of licensure in their respective field(s).

Administrative Position: Chief Academic Officer

Department Director: Executive Director of Special Education

References

Legal Cross Ref.:

For more information about the legal reference below, refer to the following site:
  • 34 C.F.R. § 300.502

Board Policy Cross Ref.:

Procedural Directive Cross Ref.:

Forms:

NSBA/NEPN Classification: IHBA

Introduced: April 1, 2011
Reviewed: April 12, 2011
Adopted: April 22, 2011
Reviewed: October 12, 2012
Revised: October 12, 2012

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