Special Education/Independent Evaluation



I understand we can ask for Independent Educational Evaluation (IEE)  at public expense if we disagree with  School's evaluation.  I also understand that School has 5 days to either agree to pay OR file a Hearing explaining why their evaluation is correct.

Can you help me understand if the 5 day include time during summer vacation (school office is open  but school is closed due to vacation) ?

MA regulations say that they have 10 days from the time they receive a written request for an IEE to respond in writing and hold an IEP Team Meeting if needed. It does not directly state the impact on this time line of vacations. Most other timelines are put on hold during summer break. Unlike most other states, MA regulations also state that based on income, families can be made to pay for part or all of the EII cost. [603 CMR 28.04(5)(c) and (d)].

In all states requesting an IEE can be a trap. The federal law says the District must either grant the IEE request of file for Due Process to prove that the requested assessment is not needed. These cases become a battle of the experts. This means the parents have to pay an expert to testify about what is wrong with the District's assessment. I recommend that my clients have the area their are concerned about (i.e. speech, OT, ABA) be assessed using their medical insurance. Then they submit their independent findings to the District along with the request for an IEE. Districts almost always grant the IEE when we have done this. Another important part of an IEE is that the assessor must be mutually agreed to by both the parent(s) and the District.

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Tim Runner


Questions concerning special education: IEP, assessments, Due Process, mediation, resolution conference, federal law, state law, qualifying for services, residential treatment, special day classes, resource specialists, procedures, having your child assessed, adaptive PE, speech & language, non-public school, FAPE, and tuition reimbursement.


I have been an education advocate representing students and parents for six years. My experience includes: representing my clients in IEPs, SSTs, Due Process, review assessment results for my clients, and mediations. I have represented clients with learning disabilities, autism, Downs Syndrome, cognitively challenged, emotional problems, learning disabilities, ADD/ADHD, and physical disabilities. I have also represented clients to County Mental Health Departments and Regional Centers. My clients range from pre-school to college students in many states.

I have a degree in Mathematics from the University of California with minors in Psychology and Physics. I also studied applied statistics in psychology at the graduate level. I have taught college classes, conducted seminars, written articles for various publications, and testified as an expert witness.

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