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Parents/guardians of a student who has or is thought to have a disability have the right to receive an independent educational evaluation at public expense if they disagree with the evaluation obtained by the Committee on Special Education (CSE) or the Committee on Preschool Special Education (CPSE).

The independent educational evaluation shall be conducted by a qualified examiner who is not employed by the District responsible for the child's education. Upon request, parents 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.

Parents/guardians should file a written request within forty five (45) days from the date of the review of the CSE or CPSE 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.

The Superintendent shall  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; and a reasonable timeline for seeking reimbursement.

Cross-ref:

4321, Programs for Students with Disabilities

Ref:

20 USC §1415(d)(2)(A)

34 CFR §300.503

8 NYCRR §§200.1(z); 200.5(a); 200.5(b); 200.5(c); 200.5(g)

Application of a Child with a Handicapping Condition, SRO Dec. No. 93-26 (1993)

Application of a Child with a Handicapping Condition, 30 EDR 129 (1990)

Application of a Child with a Handicapping Condition, 30 EDR 108 (1990)

Application of a Child with a Handicapping Condition, 26 EDR 439 (1987)

Appeal of a Handicapped Child, 25 EDR 185 (1985)

Matter of a Child Suspected of Having a Handicapping Condition, 23 EDR 140 (1983)

Matter of Three Handicapped Children, 21 EDR 353 (1981)

Memorandum to District Superintendents Independent Evaluations; Updating on Regulatory Requirements, State Education Department 

Adoption date: December 1, 1995

Revised date:  May 19, 2008

Reviewed date: April 24, 2017 

Amended date: August 28, 2023