Independent
Evaluations
by
Herbert D. Hinkle, Esq. and Ira M. Fingles, Esq.
Herbert D. Hinkle
Law Office
2651 Main Street
Lawrenceville, New Jersey 08648
(609) 896-4200 or (215) 860-2100
Evaluations drive
the special education process. The Individuals with Disabilities Education
Act, the federal law underlying both Pennsylvaniaâs and New Jerseyâs
special education systems, requires that all decisions about a childâs
special education classification, program, and placement be based
on current, accurate evaluations. Having accurate evaluations is also
critical in the event that a due process hearing is necessary to resolve
a dispute.
Generally speaking,
school districts can choose the professionals to perform evaluations
so long as they have the appropriate qualifications (for example,
a current license to practice in the particular discipline). Frequently,
districts will use their own employees to perform the evaluations
ö for example, the school psychologist or social worker. This raises
concerns about whether the evaluations are truly objective and unbiased.
Through the use
of independent evaluations, parents can sometimes level the playing
field. A parent can request an independent evaluation at the school
districtâs expense whenever he or she disagrees with an evaluation
performed by the school district.
If the district
does not agree to pay for the independent evaluation, it must initiate
a due process hearing to convince a hearing officer or administrative
law judge that its evaluation is appropriate. (In New Jersey, the
district must request a hearing within twenty days of the request.)
Unless the district initiates a due process hearing, it must pay for
the independent evaluation. It cannot simply refuse to honor the parentâs
request.
No matter who
pays for it, school districts must consider the results of any independent
evaluations that are received. While the results are not binding,
the district cannot arbitrarily refuse to implement the recommendations
of an independent evaluation.
Copyright 2001
H.D. Hinkle. All rights reserved.
Mr. Hinkle maintains
a multi-state law practice with offices in Lawrenceville, Florham
Park, and Marlton, NJ, and Yardley, Pa. Mr. Hinkle and his colleagues
Ira Fingles, and Paul Prior lecture and write frequently on topics
of law, aging, and disability, and are available
to speak to groups in New Jersey and Pennsylvania
at no charge. Call (609) 896-4200.
