Section 5-E3027. PROCEDURAL SAFEGUARDS - INDEPENDENT EDUCATIONAL EVALUATIONS AND SERVICES  


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    3027.1A parent of a child with a disability has the right to obtain an independent educational evaluation.

     

    3027.2On request, the LEA shall provide the parent with information about where an independent educational evaluation may be obtained and the applicable LEA criteria.

     

    3027.3If a parent disagrees with the evaluation obtained by the LEA, the parent has the right to obtain an independent educational evaluation at public expense and the LEA shall without unnecessary delay:

     

    (a)Provide an independent educational evaluation at public expense; or

     

    (b)Initiate a due process hearing in accordance with this Chapter, to demonstrate that the LEA evaluation is appropriate.

     

    3027.4When a parent obtains an independent educational evaluation at private expense:

     

    (a)The results of the evaluation must be considered by the LEA, if it meets LEA criteria, in any decision relating to the provision of FAPE to the child;

     

    (b)The results of the evaluation may be presented as evidence at a hearing under this Chapter; and

     

    (c)The LEA may advocate in any forum provided in this Chapter, to demonstrate that the evaluation obtained by the parent did not meet the LEA criteria as defined in the parents' rights disclosure described in § 3020 of this Chapter.

     

    3027.5Maximum hourly rates and total amounts to be paid for independent evaluations and services shall be determined periodically by the SEA. The schedule for such rates and amounts shall be commensurate with customary and prevailing rates for the evaluation or service involved and consistent with the criteria used by the LEA when it initiates such evaluations and services. The schedule for such rates and amounts shall be set by the Superintendent or his or her designee and those rates shall be sent to the Board of Education for ratification at its next scheduled meeting. Exceptions to the rates and amounts established by the Superintendent or his or her designee may be made where the requesting party can demonstrate unique circumstances justifying the payment of costs exceeding the established maximum rates or amounts.

     

source

Final Rulemaking published at 50 DCR 1854 (February 28, 2003); as amended by Final Rulemaking published at 50 DCR 8810 (October 17, 2003).