The parent or legal guardian of a student with a disability pursuant to the Individuals with Disabilities Education Act ("IDEA") or of a student suspected of having an IDEA disability has the right to obtain an independent evaluation subject to the provisions of this policy. The parent or legal guardian has the right to an independent educational evaluation at public expense if they disagree with an evaluation or any component of an evaluation obtained or conducted by the District. The parent or legal guardian may request one independent educational evaluation in response to each evaluation completed by the District. If the parent request for an independent evaluation comes one year or more from the date of the completion of the District's evaluation, the District may seek to complete a reevaluation prior to paying for an independent educational evaluation.
A parent is not required to notify the District prior to obtaining an IEE. However, if the parent or legal guardian requests an independent educational at public expense, the District will request that the parent provide a reason why he or she objects to the District's evaluation. In making that request, the District may not unreasonably delay either providing the requested independent educational evaluation at public expense or initiating a due process hearing to defend the District's evaluation.
If a parent requests an independent educational evaluation at public expense, the District will, without unnecessary delay:
If the District initiates a hearing and the final decision supports the appropriateness of the District's evaluation, the parent still has the right to an independent educational evaluation, but not at public expense.
If a parent or legal guardian obtains an IEE at private expense and presents that IEE to the District, the results of that evaluation must be considered by the District in any decision regarding the provision of a free appropriate public education to the student. In addition, any IEE obtained by the parents at private expense may be presented as evidence at a due process hearing regarding that student.