PROCEDURAL SAFEGUARDS NOTICE
request a due process hearing to defend the LEA’s evaluation of your child.
You are entitled to only one IEE of your child at public expense each time your LEA conducts an evaluation of your child with which you disagree.
If an IEE 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 LEA uses when it initiates an evaluation (to the extent those criteria are consistent with your right to an IEE).
Except for the criteria described above, a LEA may not impose conditions or timelines related to obtaining an IEE at public expense.
If you obtain an IEE of your child at public expense or you share with the LEA an evaluation of your child that you obtained at private expense:
Your LEA must consider the results of the evaluation of your child, if it meets the LEA’s criteria for IEEs, in any decision made with respect to the provision of FAPE to your child;
You or your LEA may present the evaluation as evidence at a due process hearing regarding your child.
Requests for evaluations by hearing officers
If a hearing officer requests an IEE of your child as part of a due process hearing, the cost of the evaluation must be at public expense.
Unless the information is contained in education records, and the disclosure is authorized without parental consent under FERPA, your consent must be obtained before personally identifiable information is disclosed to parties other than officials of participating agencies. Except under the circumstances specified below, your consent is not required before personally identifiable information is released to officials of participating agencies for purposes of meeting a requirement of Part B of the IDEA.
Your consent, or consent of an eligible child who has reached the age of majority under State law, must be obtained before personally identifiable information is released to officials of participating agencies providing or paying for transition services.
If your child is in, or is going to go to, a private school that is not located in the same LEA you reside in, your consent must be obtained before any personally identifiable information about your child is released between officials in the LEA where the private school is located and officials in the LEA where you reside.
5July 2008 Revisions