Special
education law provides that a parent may request an independent
child study team evaluation if there is disagreement with
the evaluation provided by the school district. Parents
who seek an independent evaluation must notify their school
district in writing.
The
evaluation must be provided at no cost to the parents, unless
the school district initiates a due processing hearing to
show that its evaluation is appropriate. Independent evaluations
must be conducted by approved clinics (the Department of
Education maintains a list of such clinics), or by professionals
who hold the appropriate license or certification in their
field. As with the initial evaluation of a child, the independent
child study team evaluation must include whatever professional
disciplines the pupil’s needs dictate.
Schools
sometimes argue that a parent must identify a specific error
in an evaluation in order to be entitled to an independent
evaluation. However, a parent may disagree with an evaluation
because it fails to recommend a service that the parent
believes is necessary or it fails to address all of the
child’s learning issues. Moreover, the law is clear
that parents may not be required to provide an explanation
of their disagreement with the district’s evaluation.
An
independent evaluation is available as a matter of right
when the parent disagrees with the determination of eligibility,
or the nature of the education or related services to be
provided.
In
short, independent evaluations are an effective way for
parents to get a second opinion about their child’s
needs. In some cases independent evaluations can lead to
a settlement of a dispute between the district and parents.
