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IEP FAQs Pop-Up

Resolving Parent-School Disputes - Evaluator's Recommendations

Question 3.

We had a comprehensive evaluation from a private expert. How can I get the school to use the recommendations from the evaluator?

Answer

The law does not require the team to accept the findings or implement recommendations from a specialist in the private sector.

The law does require the school to respond to your concerns about your child's educational program.

The law also requires the IEP team to consider the results of any evaluation you obtain.

What does "consider" mean?

The dictionary defines "consider" as "to think about carefully in order to arrive at a judgment or decision, especially with regard to taking some action."

The federal special education regulations impose an "affirmative obligation" on the school to consider the results of the evaluation.

In one case, a federal court ruled that the school's refusal to consider private evaluations was a serious violation of the law and denied a child FAPE.

If you get an evaluation from a specialist in the private sector, ask her to attend the meeting to discuss her findings. If the evaluator is available to describe the child's needs, program, and what will happen if the recommendations are not accepted, it is more likely that the IEP team will accept and use the results.

Legal Resource

Wrightslaw: Special Education Law, 2nd Edition

Wrightslaw: From Emotions to Advocacy, 2nd Edition

Wrightslaw: All About IEPs Chapter 14

IDEA

20 U.S.C.§ 1414(b)(1)

Wrightslaw: Special Education Law, 2nd Edition, p. 107, footnote 111-112)

IDEA Regulations

34 C.F.R. §300.502(c)(1)

Commentary in 71 FR at 46990

Additional Resources

Why Parents Should Get an Comprehensive Evaluation from an Independent Evaluator

Independent Educational Evaluations: What? Why? How? and Who Pays?

Evaluations, Assessments and Tests

What You Should Know About Evaluations

State Special Education Regulations and Guidelines. You will find your specific state regulations at your State Department of Education website. Use the Wrightslaw Yellow Pages for Kids with Disabilities to locate your state site.

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