Is ADD ADHD child behavior an issue for you? Are you looking for ADD ADHD legal information? How about special education school help for your ADD ADHD child? Whether ADD ADHD child behavior is your concern or you are seeking ADD ADHD child treatment ideas, you have come to the right place. At ADD ADHD Advances you will find the help you need, including child behavior help,ADD ADHD medication information, special education law and legal informationand alternative ADD ADHD treatment plans. We are here to help you with your ADD ADHD child.


"Helping you to help your ADD ADHD child"

by    Anthony Kane, MD
 
ADD ADHD ADHD Articles Oppositional Defiant Disorder Links
Submit a Link
About Us




 
Do You Have an ADD ADHD Child Behavior Problem?
Click Here for

Child Behavior Help


 
Does your child have

Oppositional Defiant Disorder?

Take this quick ODD Screening Test

 
FREE

ADD ADHD Advances
online journal

ADD ADHD treatment is rapidly changing. You need to be on top of what is happening in order to help your ADD ADHD child.
Find out about the latest ADD ADHD medication and treatment. Get child behavior information. This free journal will help you with everything that you need to know to raise your ADD ADHD child.

Subscribe Now

 
Are you doing everything you can to help your ADD ADHD child?

Maybe you can do something more?

How to Help The Child You Love

“The Authoritative Guide on ADD ADHD Child Treatment”

Get

ADD ADHD Treatment Help

 
Does your ADD ADHD child have a simple child behavior problem
or is it
Conduct Disorder?

Take this

Conduct Disorder screening test

 


“If You Will Devote 10 Minutes a Day,
Then I
Guarantee
a More Obedient Child”


Get

ADD ADHD Child Behavior Help


 

“If Child Behavior is an
Issue in Your Home, then it is definitely
Worth Your While

to check this out.



The Good Child Guide

 
Is the Child Behavior you are seeing normal for an ADD ADHD Child
or is it
Bipolar Disorder?

 
ADD ADHD Child Behavior can be very difficult. Find out how you are doing as a parent to your ADD ADHD child.

Take this

ADD ADHD Parenting Quiz

 
 

Independent Educational Evaluations:

What? How? Why? Who Pays?

by Wayne Steedman, Esq.

Parents and school personnel are often confused about what constitutes an independent educational evaluation (IEE) and how the evaluation is to be used. This article addresses what constitutes an IEE, the value of an IEE, what the law requires of school districts, and who is financially responsible for an IEE.

What is an IEE?

Federal law defines an IEE broadly as "an evaluation conducted by a qualified examiner who is not employed by the public agency responsible for the education of the child in question."
34 C.F.R. 300.503.

Thus, an IEE is not limited to evaluating only a child's academic or cognitive skills, but may include the evaluation of any skill related to the child's educational needs. Evaluations of neurological functioning, adapted physical education, sensory needs, even music therapy, are but a few examples of the types of IEEs covered under the IDEA. Parents may obtain an IEE, for virtually any purpose if it impacts the child's education.

What is the Value of an IEE?

One goal of Congress in passing the 1997 Amendments to the IDEA was to strengthen the role of parents in the educational decision-making process. An IEE provides parents added authority at the IEP meeting. One court held:

    "[T]he failure to receive and consider parental information, including evaluations they may obtain, directly denies parents the pivotal role they should enjoy in the development of their child's placement. This role includes not only providing evaluations or other information, but discussing such information. Consideration of such outside information also ensures that a program is individualized and provides a check on the judgments being made by school officials regarding the child."
    Community Consolidated Sch. Dist. No. 180, 27 IDELR 1004, 1005-06.
Federal regulations require that parents and school personnel act as equal participants in the development of a child's IEP and that the parents' participation in the IEP process must be meaningful. In many cases, independent evaluations provide support for the parents' opinions and requests. When a school district refuses to consider an independent evaluation, it not only denies equal and meaningful input from the parents, but it also prevents important information from the evaluation from being considered by the IEP team that develops the IEP.

Parents are not the only ones to find IEEs valuable. Sometimes, school districts request IEEs when they lack the personnel or expertise to conduct a particular type of evaluation. In other instances, a school district may seek an IEE to assuage parental concerns about the fairness or accuracy of an evaluation.

What is Required of School Districts?

The federal regulations direct school districts to inform parents of their right to obtain an IEE, 34 C.F.R. §300.502(a), where they may obtain an IEE, id., and conditions for obtaining an IEE at public expense.
34 C.F.R §300.502(b).

Several sections of the federal regulations direct local school systems to ensure that such information provided by parents is properly considered. See 34 C.F.R. §§300.343(c)(2)(iii), 300.503(c), 300.533(a)(1)(i). The federal regulations even envision instances where the independent evaluation may be given greater weight than the school system's evaluation.
34 C.F.R. §300.502(b).

Consideration of parentally obtained evaluations by the IEP team is not discretionary, it is mandatory. 34 C.F.R. 300.503(c) ("If the parent obtains an independent educational evaluation at private expense, the results of the evaluation (1) Must be considered by the public agency in any decision made with respect to the provision of a [free appropriate public education] to the child."). .

When a parent presents an independent evaluation to the school district, the IEP team is required to consider the evaluation. This does not mean that the school district must accept the findings or recommendations in the IEE. It does means that the IEP team must review the IEE, and discuss it as appropriate. In this regard, the requirements placed on school districts are fairly minimal.

However, a United States District Court in Maryland ruled that an IEP team's failure to consider the private evaluations submitted by the parents was such a serious violation of the IDEA that this alone constituted a denial of a free appropriate public education. DiBuo v. Bd. Of Educ. of Worcester County, slip no. S-01-1311 (Nov. 14, 2001).

Who is Financially Responsible for an IEE?

Generally, parents are responsible for the costs of an IEE. However, in some circumstances the school district may be financially responsible.

If the school district does not have the personnel or resources to conduct an evaluation that an IEP team has identified is needed, the school district must obtain a private evaluation at its own expense. Or, if the school district determines that an IEE is needed or should be conducted for any reason, in most situations, the school district has to pay for the evaluation.

When Parents & School Staff Disagree

When parents and the school district disagree about the need for an independent educational evaluation (IEE), there are certain conditions in which a school district may be forced to pay for the evaluation. If the parents present an evaluation that the school district previously refused to conduct, the school district may be required to reimburse the parents for the costs of this evaluation - if it is determined that the evaluation provided information which impacted the child's education, services or placement.

Additionally, if the parents disagree with a school district evaluation and request an IEE at public expense, the school district must obtain the IEE and pay for it unless the school district requests a due process hearing and the hearing officer rules that the IEE is not needed.
34 C.F.R. 300.503.

In other words, the school district cannot simply refuse the parents' request for an independent evaluation. The district must consent to the IEE at public expense, or request a due process hearing and prove to a hearing officer that the school evaluation was sufficient. Finally, if a hearing officer orders an IEE during the course of a due process hearing, it will be conducted at public expense. Id.

Conclusion

Independent educational evaluations can be a valuable tool for parents and school staff when used to determine a child's educational needs. The burden placed on school systems to consider a parentally obtained IEE is not severe. But, failure to give due consideration to a parentally obtained IEE can result in an invalid IEP.

One way that parents can act as equal participants in educational decision-making for their child is to obtain additional information from an IEE. School districts that welcome a parentally obtained IEE, rather than viewing it with suspicion or hostility, will benefit from the additional information the IEE provides. When parents and school personnel work together, this is always in the child's best interest.



About the Author

Wayne Steedman is a partner in the law firm of Callegary & Steedman, P.A. His practice is devoted primarily to the representation of children with disabilities. He has represented his clients in administrative due process hearings and state and federal courts.

After the U. S. Supreme Court decision in Florence County v. Shannon Carter, Mr. Steedman represented Alex Gerstmyer in a tuition reimbursement case for a non-special ed school. Read Parents of Dyslexic Child Reimbursed for Tuition at Montessori School.

Contact Info

Wayne Steedman, Esq.
Callegary & Steedman, P.A.
301 North Charles Street, Suite 600
Baltimore, Maryland 21201
Phone 410 576-7606 l FAX 410 576-0454
Email info@callegarysteedman.com

This article is reprinted with permission from Wrights Law. You may find answers to numerous legal issues at Wrights Law, located at http://wrightslaw.com


Anthony Kane, MD

ADD ADHD Advances

http://addadhdadvances.com


“If your child's medications concerns you, I have a unique, proven way to solve your problems forever”

Click here for more information on

ADD ADHD Child Treatment and Medication Help
 
























ADHD ADHD    About Us    Contact Us    Privacy Statement    Disclaimer    Copyright


  ADD ADHD Child Behavior         ADD ADHD Treatment and Medication


ADHD articles     Article Submission


    Oppositional Defiant Disorder         site        
______________________________________________



Sponsers

Harp and Bagpipe     Bagpipes     Bodhrans     Celtic Harps     Sitars     Tabla Sets


Djembes     Ashikos     Talking Drums     Store Map
    California DUI Attorney     Los Angeles DUI Attorney     California DUI Lawyer     San Diego DUI Attorney     Los Angeles DUI Lawyer     San Diego DUI Lawyer     Meet Women
ADHD articles




Site map         My Articles         My Articles