The Individuals with Disabilities Education Act (IDEA) requires school districts to evaluate children in all suspected areas of disability. School districts are also expected to re-evaluate the child at least once every three years. Additionally, you have the right to request an Independent Educational Evaluation (IEE) if you disagree with the outcome of the evaluation or if you want to re-evaluate your child before the three-year mark.
If you believe your child should qualify for services at school, but your child's school disagrees, you should request an IEE. The same goes for if your child's school thinks your child should have access to special services and you disagree. As a parent or guardian, you can also request an IEE if you believe your child's assessment wasn't thorough enough.
If you disagree with the school's evaluation of your child, you should request an independent educational evaluation in writing. Whether it's an email or a letter, you should explain that you disagree with the school's findings and that you would like to request a new IEE.
Some school districts might contact you and say they'll only provide a new IEE on the condition that you explain why you disagreed with the initial evaluation. It's important to know that you do not have to explain why you disagree with the assessment to the school district.
Under New York special education law, the school district can offer only two responses. The first option is to grant the independent evaluation, and the second is to file a due process complaint to justify their evaluation outcomes.
Some school districts may respond with a prior written notice (PWN) declining the request in writing. You should note that this response is inappropriate and does not comply with New York law. If the school district denies your request for an IEE, you can consider taking legal action. It is recommended to consult with a special education lawyer to discuss your legal options.
At Mizrahi Kroub LLP, our lawyers are committed to protecting your child's rights in New York. We understand that your child deserves the best education to help them achieve their academic goals and dreams. So if the school district has denied you a request for an IEE, we can take you through the legal process of seeking justice for your child.
Contact us online or call our office at (212) 595-6200 to talk to our New York special education lawyers and get the help you need.
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