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6163R


Adoption Date: 11/20/2003
Revised: 11/04/2021
Independent Educational Evaluations
Regulation # 6163
6163

6163-R

Independent Educational Evaluation Regulations

The Board of Education acknowledges a parent’s right to have an independent evaluation conducted of his/her child if the parent disagrees with an evaluation obtained or conducted by the Committee on Special Education (CSE) or Committee on Preschool Special Education (CPSE), and to request that such independent evaluation be at public expense.

Parents of disabled children have 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 34CFR 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.

The 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 CSE/CPSE because they are suspected of having an educational disability and may, therefore, be in need of special education.

The District has established reasonable reimbursement rates for independent evaluators that are within the rates that the District would be required to pay to BOCES or a district contracted evaluator. Absent exceptional circumstances, the District will not pay more than the following rates:

Individual Psychological Evaluation                          $1,200

Educational Evaluation                                               $1,200

Combined Education/Psychological                           $3,000

Speech & Language Evaluation                                 $750

Audiological Evaluation                                             $570

Neuropsychological Evaluation                                  $4,500

Occupational or Physical Therapy Evaluation           $600

Psychiatric Evaluation                                                $1,500

PROCEDURES

The District may pay for an independent educational evaluation or assessment only if:

  1. The evaluation is conducted by an individual who possesses a current license or certification from New York State in the area of evaluation which authorizes him/her to conduct and certify such evaluations; and 
  2. The fee for the evaluation does not exceed the schedule cost set forth in this Regulation unless exceptional circumstance justify an excess payment; and
  3. The evaluation is conducted by an individual whose practice is located within the geographic area of the District, meaning within 60 radial miles of the School District’s Central Office, unless special circumstances exist requiring evaluation at a more distant facility; and
  4. The District is informed about which tests are going to be performed prior to the time that the tests are performed; and
  5. The evaluation is conducted and a complete written report is received by the District within 90 calendar days of the date of evaluation report which was challenged by the parent. Payment shall not be made until the written report is received by the District; and.
  6. The bill for the evaluation includes a breakdown of costs (e.g., record review, client interview, test administration, scoring and interpretation, report writing); and
  7. The District’s CSE/CPSE, upon receiving the parent’s request for an independent evaluation, approves the request or fails to call for an impartial hearing to defend the appropriateness of the already performed evaluations.

Upon receiving a request for reimbursement for an IEE, the Director of Pupil Personnel Services will forward an acknowledgement letter to the parent and/or independent evaluator within 10 calendar days. Any further information needed by the District to reach a decision regarding payment will be requested in the letter.

If denial for reimbursement is indicated, the reason(s) for the denial, as well as the intention of the District to initiate a bearing to defend this refusal will be addressed to the parents in writing. Conversely, if the District agrees to pay for an IEE, the parents will be notified by letter.

RESPONSIBILITIES

Parents may select any professional who meets the criteria stated above. If an independent evaluator is selected from the approved list, it becomes the responsibility of that professional to contact the school to arrange for payment, dates of classroom visitations and discussions with school staff. The independent evaluator is also responsible for sending a copy of their state certification/license to the Assistant Superintendent for Pupil Personnel Services Requests for exception to these procedures should be forwarded in writing to the Assistant Superintendent for Pupil Personnel Services.

LISTING OF QUALIFIED PROFESSIONALS

The District has established a list of qualified professionals who are ix private practice or employees of other public agencies to who parents may go to secure an independent evaluation. The list is available to parents upon request. This list of independent evaluators includes professionals in all areas of a child’s suspected disability. In addition, the District will pay for an evaluation performed by an employee of any other public school district or BOCES within the Counties of Westchester or Putnam whom the parent chooses to employ as an independent evaluator at the then current hourly rate paid to that licensed or certified individual by their respective public school district or BOCES.

FURTHER INFORMATION

The District has developed these procedures on IEEs in order to avoid any misunderstandings and ensure that the District is following its responsibility to provide IEEs at parental request. Parents can obtain further information on IEEs by contacting the Director of Pupil Personnel Services. Parents can also contact the State Education Department for additional information.

DISTRICT RESPONSIBILITIES

Whenever a parent obtains an independent evaluation, whether or not at the District’s expense, such evaluation will be considered by the CSE/CPSE whenever determining the child’s Individualized Education Program or changes in the same.

INDEPENDENT EDUCATIONAL EVALUATIONS     /        REQUIRED QUALIFICATIONS OF EVALUATORS

Evaluators with credentials other than those listed below will not be approved unless the parent(s) or legal guardians can demonstrate the appropriateness of using an evaluator who has or meets other qualifications.

Type of Assessment

Qualifications

Academic Achievement

Certified Special Education teacher (min./Master’s Degree)

School or Licensed Psychologist

Adaptive Behavior

Certified Special Education teacher (min./Master’s Degree)

School or Licensed Psychologist

Assistive Technology

Certified Special Education teacher (min./Master’s Degree)

Licensed Speech/Language Pathologist or Speech Teacher

Registered Occupational Therapist

Auditory Acuity/Perception

Licensed or Certified Audiologist

Cognitive

School or Licensed Psychologist

Health

Licensed Physician

Motor

Registered Physical Therapist

Registered Occupational Therapist

Certified Teacher of the Physically Impaired (Master’s Degree), or Adaptive Physical Education Specialist (Master’s Degree)

Speech and Language

Licensed Speech/Language Pathologist or Speech Therapist

Social/Emotional/Behavioral

Certified Special Education teacher (min./Master’s Degree),

Certified School Guidance Counselor,

School or Licensed Psychologist, Social Worker (MSW), or Licensed Psychiatrist

Functional Vision

Certified Teacher of the Visually Impaired (Master’s Degree)

Vision Perception

Certified Special Education teacher (min./Master’s Degree),

Certified Occupational Therapist,

School Psychologist

Transition

Certified Special Education teacher (min./Master’s Degree)

 

 

 

Regulation 6163R – Revised 11/4/21


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