Assessment

Resource Links:

Title 34 CFR Section 300.502

The parent(s) of a child with a disability have the right to obtain an independent educational evaluation

of the child. Each public agency shall provide to parent(s), upon request for an independent

educational evaluation, information about where an independent educational evaluation may be

obtained, and the agency criteria applicable for independent educational evaluations.

For the purposes of this part, independent educational evaluation means an evaluation conducted by a

qualified examiner who is not employed by the public agency responsible for the education of the child

in question; and public expense means that the public agency either pays for the full cost of the

evaluation or ensures that the evaluation is otherwise provided at no cost to the parent.

A parent has the right to an independent educational evaluation at public expense if the parent

disagrees with an evaluation obtained by the public agency. If a parent requests an independent

educational evaluation at public expense, the public agency must, without unnecessary delay, either

initiate a hearing to show that its evaluation is appropriate; or ensure that an independent educational

evaluation is provided at public expense, unless the agency demonstrates in a hearing that the

evaluation obtained by the parent did not meet agency criteria. If the public agency initiates a hearing

and the final decision is that the agency's evaluation is appropriate, the parent still has the right to an

independent educational evaluation, but not at public expense. If a Hearing Officer requests an

independent educational evaluation as part of a hearing, the cost of the evaluation must be at public

expense.

If a parent requests an independent educational evaluation, the public agency may ask for the parent's

reason why he or she objects to the public evaluation. However, the explanation by the parent may not

be required and the public agency may not unreasonably delay either providing the independent

educational evaluation at public expense or initiating a due process hearing to defend the public

agency’s evaluation. If the parent obtains an independent educational evaluation at private expense,

the results of the evaluation must be considered by the public agency, in any decision made with

respect to the provision of FAPE to the child; and may be presented as evidence at a hearing regarding

that child. If an independent educational evaluation is at public expense, the criteria under which the

evaluation is obtained, including the location of the evaluation and the qualifications of the examiner,

must be the same as the criteria that the public agency uses when it initiates an evaluation, to the

extent those criteria are consistent with the parent’s right to an independent educational evaluation. A

public agency may not impose conditions or timelines related to obtaining an independent educational

evaluation at public expense. (34 CFR §300.502 (a-e))

A list of qualified evaluators meeting Federal and State criteria to administer Independent Educational

Assessments is available upon request from the SELPA. If you have further questions regarding

Independent Educational Evaluations, you can contact the SELPA at (951) 490-0375

Logo Image