4321.4 - Independent Educational Evaluations


Adoption Date: 6/8/2000, Revised: 5/11/2017 
4000 - Instruction

4321.4 Independent Educational Evaluations

The Board of Education recognizes the right of parents or guardians of a student who (a) is classified as a student with a disability or (b) who is suspected of being a student with a disability and as a result was evaluated through the Committee on Special Education (CSE) or Committee on Preschool Special Education (CPSE) process, to receive an independent evaluation at public expense if they disagree with the evaluation obtained by the CSE or CPSE.

The independent examination shall be conducted by a qualified examiner who is not employed by the School District responsible for the child's education. Upon request, parents/guardians will be provided with a list of public and private agencies and professional resources where independent  evaluations may be obtained. These publicly-funded independent evaluations shall be limited to the same geographic and fiscal limitations as used by the District when it initiates an evaluation.

The District has the right to initiate an impartial hearing to demonstrate that its evaluation is appropriate. If the hearing officer determines that the District's evaluation was appropriate, a parent or guardian is not entitled to reimbursement at public expense. Only in limited circumstances is the District required to fund an independent educational evaluation. When a parent or guardian requests that the District fund an educational evaluation, the District retains its rights to initiate an impartial hearing to demonstrate that it should not be required to fund the independent educational evaluation.

The Board directs the Superintendent of Schools, or his/her designee, to develop regulations establishing maximum allowable fees for specific tests, the geographic area in which such evaluations may take place, and minimum qualifications of the professionals who administer and interpret various tests.

Policy References:
20 USC §1415(d)(2)(A)
34 CFR §300.502
8 NYCRR §§200.1(z); 200.5(a); 200.5(b); 200.5(c) ; 200.5(g)

Policy Cross References:
 » 4321 - Programs for Students with Disabilities Under the IDEA and New York's Education Law Article 89