Regulation 4020: Independent Educational Evaluations
The Chappaqua Central School District has established the following procedure for obtaining Independent Educational Evaluations (IEEs) for children with educational disabilities or for children who are referred to the Committee on Special Education/Preschool Special Education because they are suspected of having an educational disability and may, therefore, be in need of special education.
A parent of a disabled child has the right, under Federal and State regulations, to obtain an IEE at public expense under certain conditions. Regulatory standards are outlined in New York State Regulations of the Commissioner of Education Part 200.5(g). Additionally, the Federal Regulations 34 CFR 300.502 specify requirements for IEEs. These documents, in addition to A Parent's Guide to Special Education: Your Child's Right to an Education in New York State, detail IEE requirements. These documents are available from the Special Education Office for parent(s) who desire additional information.
Procedures for Requesting Reimbursement
If a parent disagrees with an initial evaluation or reevaluation ("evaluation") by the School District, the parent should explain, in writing, to the Director of Special Education and 504 Services, the reason(s) why he or she disagrees with the District's evaluation and can request an IEE at District expense.
The District of Special Education and 504 Services will promptly make a decision as to whether the request for an IEE at public expense will be granted and will notify the parent in writing. If such request is denied, the District will inform the parent in writing and without unnecessary delay of its intent to commence an impartial hearing to demonstrate the appropriateness of the challenged evaluation or otherwise demonstrate that the parent is not entitled to an IEE at public expense.
Should the parent withdraw the request for an IEE, then the District will not commence or continue an impartial hearing. If the hearing officer's decision is that the challenged evaluation is appropriate, or that the parent is not otherwise entitled to an IEE at public expense, the parent still has the right to an IEE, but not at public expense. The results of any IEE will be considered by the Committee on Special Education or the Committee on Preschool Special Education in decisions made with respect to the student's educational program.
Qualified Professionals
The Chappaqua Central School District will permit parents to select any independent evaluator, as long as the professional selected by the parent is an individual who possesses a current license or certification from the New York State Education Department in the area of evaluation and who maintains an office within a 50-mile radius of the District's Education Center.
Whenever an IEE is at public expense, the criteria under which the evaluation is obtained, including the geographic location and the qualifications of the examiner, must be the same as the criteria that the district uses when it initiates an evaluation.
The District has also established a list of qualified professionals who are in private practice or employees of other public agencies to whom parents may go to secure an IEE which is available to parents if they so request. This list of independent evaluators includes professionals in the areas of suspected educational disabilities. The approved list is maintained by the Chappaqua Central School District, Special Education Department, 66 Roaring Brook Road,Chappaqua, New York 10514.
The independent evaluator selected by the parent is responsible for contacting the Special Education Department to establish contract terms, any classroom visitation dates, and coordination with school staff. The independent evaluator must also provide a copy of their state certification or license and proof of insurance to the Director of Special Education and 504 Services, along with the signed agreement between the School District and evaluator that outlines contract terms.
Requests for exceptions to these procedures should be forwarded in writing to the District's Director of Special Education and 504 Services.
Procedure for Reimbursement
A contract will be established between the District and the independent evaluator, signed by the Superintendent, and acknowledged by the Board of Education in accordance with BOE Policy 6085 - Purchasing and Bidding. Once finalized, the Director of Special Education and 504 Services will present the signed contract to the independent evaluator so that the evaluation process may begin.
The evaluation invoice should include a detailed breakdown of costs (e.g., record review, client interview, test administration, scoring and interpretation, and report writing). The District will not reimburse the independent evaluator for attendance at CSE meetings.
Upon receiving a request for reimbursement for an IEE granted at public expense, the Director of Special Education and 504 Services will forward an acknowledgement letter to the parent and/or independent evaluator within 10 calendar days. Any further information needed by the school district to reach a decision regarding payment will be requested in the letter.
Payment by the District will only be issued once the District has received a copy of the evaluation report.
Reimbursement Rates
The Chappaqua Central School District has established reasonable reimbursement rates for independent evaluators. A copy of a rate schedule is available in the District's Special Education Department at 66 Roaring Brook Road, Chappaqua, New York 10514 and will be updated annually.
In exceptional circumstances only (e.g., if an unusual evaluation is needed, or if no appropriately licensed or certified independent evaluators can be found whose rates and location meet criteria established by the District), the Director of Special Education and 504 Services may authorize an IEE for which the fee charged will exceed the allowable fee that may be paid for a particular type of IEE or which will be conducted by an independent evaluator outside of the 50-mile radius established by the District.
If the qualified professional performing the evaluation is an employee of a public school district in Westchester County or Putnam/Northern Westchester BOCES, the District will pay the evaluator the current hourly rate paid by his/her respective public school district or BOCES.
Further Information
The Chappaqua Central School District has developed these procedures on IEEs in furtherance of the law and to inform parents of their rights. Parents can obtain further information on IEEs by contacting Chairperson, Committee on Special Education/Preschool Special Education or the District's Director of Special Education and 504 Services. Parents can also contact the State Education Department for additional information on IEEs.
Administrative Regulation
Updated by Superintendent of Schools: November 20, 2024