IEE Procedures

Legal:

Independent Educational Evaluation (IEE) means an evaluation conducted by a qualified evaluator not employed by the school district which is responsible for the education of the student in question. If a parent/legal guardian/adult student (referred to as “parent” in this document moving forward) disagrees with all or part of the Cypress Fairbanks Independent School District (CFISD) assessment, the parent may request CFISD to provide an IEE at public expense. Public expense means that the LEA either pays for the full cost of the evaluation or ensures that the evaluation is otherwise provided at no cost to the parent consistent with the provisions of the Individuals with Disabilities Education Act (IDEA) regarding the use of IDEA Part B formula amounts in general. When a parent requests an IEE CFISD must do one of the following without unreasonable delay:

A. File a due process complaint to request a hearing to show that CFISD’s evaluation is appropriate; or

B. Ensure the IEE, which meets federal and state requirements, is provided at public expense.

If a parent requests an IEE, the District may ask for the parent’s reason why he or she objects to the public evaluation. However, the explanation may not be required and CFISD will not unreasonably delay either providing the IEE at public expense or initiating a due process hearing to defend the District’s evaluation.

If the final decision from a due process hearing officer is that the LEA's evaluation is appropriate, the parent still has a right to an IEE, but not at public expense. If a hearing officer requests an IEE as part of a hearing on a due process complaint, the cost of the evaluation must be at public expense.

(34 C.F.R. §300.502)

 

What We Do:

Procedure for Consideration of IEE

A. District Evaluation - If CFISD has not conducted an evaluation, the parent does not have a right to an independent evaluation at public expense. The parent may request only one IEE for each evaluation completed by the District. The results of a parent-initiated IEE will be considered by the District, but such consideration does not make the District liable for reimbursement for the IEE.

B. Parent Notifies District - Parent will be requested to notify the District of specific areas of disagreement when they disagree with the District’s evaluation. CFISD may offer to resolve the parent’s disagreement by providing additional evaluation, but the parents are not required to accept the offer. If parents elect to have CFISD conduct a new evaluation, new consent for testing will be obtained.

C. Request for an IEE at Public Expense (Steps to Follow):

a. Parent will email their request for an IEE to IEERequest@cfisd.net within two years of the CFISD evaluation date. Written request should include the    following:

i. Student Name, DOB, Grade, Current Campus or Last Attended, Parent/Legal Guardian Information

ii. CFISD evaluation disagreed with and date

iii. Areas of disagreement with the CFISD evaluation(s)

b. Note: Parents will have an opportunity to provide evidence of any unique circumstances that justify an IEE that does not meet CFISD IEE Criteria and Evaluator Requirements.

 

Response to Request for IEE

A. Timeline - the office of the Director of Assessment will respond in writing to the parent’s request within 10 school days to either approve or deny the request.

B. If an IEE is approved:

a. The District sends the following to the Parent:

i. CFISD IEE Procedures

ii. CFISD Memorandum of Understanding

iii. IEE Provider Qualifications

iv. IEE Provider List & Fee Schedule

v. Authorization for Release of Records

vi. Notice of Procedural Safeguards English or Notice of Procedural Safeguards Spanish

b. Parent communicates selected provider(s) from the list in writing to the office of the Director of Assessment including the full name and contact information of the proposed evaluator.

c. Within 10 school days of receipt of the parent-elected evaluator, the office of Director of Assessment will contact the independent evaluator to provide him/her with the following:

i. CFISD IEE Contract

ii. CFISD IEE Procedures & Fee Schedule

iii. CFISD Pre-Service Affidavit

d. Within 10 school days of receipt of the completed vendor packet from the independent evaluator, the office of the Director of Assessment will process the paperwork to establish him/her as a vendor.

e. Once the Vendor is approved, the office of the Director of Assessment will email the Vendor, the Parent, and appropriate campus personnel that the independent evaluator has been established as a vendor for CFISD.

f. Once the Parent has received the email from CFISD, the parent may schedule an appointment with the established Vendor.