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Policy on comment: 2462 - Independent Educational Evaluation Criteria

Comments on this proposed change in policy will be accepted beginning on April 19, 2017 until May 31, 2017.

Current policy

2462 - Independent Educational Evaluation Criteria

(This policy has not yet been adopted.)

Adopted on (none)

Effective (none)

Proposed revision

2462 - Independent Educational Evaluation Criteria

The purpose of this policy is to provide for a process for responding to a parent request for the Mingo County Board of Education to fund an independent educational evaluation (IEE). Under the IDEA and West Virginia Board of Education Policy 2419, a parent has the right to an IEE at public expense only when the parent disagrees with an individual evaluation completed or obtained by the Board. If the Board has not conducted or obtained an evaluation of the student, the parental right to an IEE does not arise until the Board has completed its evaluation.

An IEE is an evaluation conducted by a qualified evaluator who is not an employee of the Board. An IEE may be funded by the Board or otherwise provided at no cost to the parent of a student with a disability under certain circumstances. The purpose of an IEE is for determining a student's eligibility for special education and related services and/or meeting the educational needs of a student who has already been identified as eligible for special education and related services. All parental requests for an IEE must be made in writing and forwarded to the Board's Director of Special Education or designee for decision.

LEA'S RESPONSE OPTIONS TO PARENT/ADULT STUDENT REQUEST FOR AN IEE TO BE OBTAINED AT PUBLIC EXPENSE

If a parent / adult student requests in writing that an IEE be conducted at public expense, the Board must do one of the following within ten school days of receipt of this written request:

1) Agree, in writing, to pay for an IEE at reasonable and prevailing rates (not to exceed $2,500).

2) Offer WVDE mediation to try to resolve differences. This is only available if the parent / adult student agrees to mediate.

3) Request a due process hearing to show that the district's evaluation is appropriate. If the final hearing decision is that the district's evaluation is appropriate, the parent / adult student may pursue an IEE, but at his or her own expense.

An independent evaluator will not be paid for the independent evaluation until the Board receives a written evaluation report from the evaluator and is given the opportunity to discuss the evaluation results with the evaluator, if necessary.

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