6th Annual Conference on Epilepsy

Parental Rights to an Independent Educational

Evaluation (IEE)

Margaret J. Kay, Ed.D.Licensed Psychologist

School Psychologist

June 2, 2001

Epilepsy & Educational Problems

• Medicines can affect alertness and attention

• Unrecognized seizures can adversely affect learning and attention

• Co-occurring learning disabilities may be present

• Seizures can cause a student to miss periods of instruction

Learning Disabilities

• Basic Reading skills

• Reading Comprehension

• Math calculation

• Math reasoning

• Written expression

• Listening comprehension

• Oral expression

Parent Rights to an IEE

• IDEA provides that parents have a right to obtain an IEE at school district expense whenever parents disagree with an evaluation provided by the district

• If school district refuses to provide an IEE, parent has the right to a due process hearing

Qualifications of the Evaluator

• IDEA requires that the qualifications of the independent evaluator must meet the same standards that the district uses to qualify it’s own evaluators

• District can not limit parents to select an evaluator from the district's list of evaluators unless their list is exhaustive

Parent’s Right to Reimbursement of an

IEE

• If an IEE answers unresolved questions, reimbursement may be awarded.

• If the district creates or modifies a child’s educational program based upon input from a parent initiated IEE, then parents can seek reimbursement.