Should I panic if I don’t like the school’s evaluation?

Although the answer is no, it is a qualified no.  To know whether or not you should ask for an independent evaluation, it is important to understand what is an independent educational evaluation?

Who Pays for an Independent Evaluation:

Parents have the right to obtain and independent educational evaluation according to Federal and State educational laws.  When a parent disagrees with a school evaluation, the parent has the right to obtain an independent educational evaluation at public expense (Part 200; 200.5 of NYSED).  In other words, the school district will pay for the evaluation.  However, a parent is entitled to only one outside evaluation each time the school district evaluates your child.   

What are the rules?

If a parent requests an independent educational evaluation, the school district will say which providers they approve to conduct the evaluations.  A school district may not impose timelines or additional conditions when a parent is seeking an independent evaluation.  A distric may ask why a parent is seeking an outside evaluation but the parent does not have to give a response.  It is important to note that many districts attempt to restrict where a parent can obtain an evaluation.  It is important to know that the Office of Special Education issued a policy letter stating that parents have the right to choose their own independent evaluator.  Please refer to OSEP, Letter to Parker, 2004).

A School district Can:

A school district can file a due process complaint to request a hearing to show that the evaluations that they conducted were fair and appropriate.  If the school district files a due process complaint notice for an impartial hearing, and the decision is in favor of the school district, the parent can still obtain an independent evaluation, but at their own expense.  

If, at the meeting, a parent shares the independent evaluation, the school district only has to consider the information presented.  They are not under an legal obligation to follow through with the recommendations.   The only obligation that a school district has to follow is to ensure that your child receives a free and appropriate public education. 

Please Remember:

A parent should seriously consider whether or not they disagree with a school’s evaluation.  A school evaluation is not meant to find every problem that may be affecting your child.  It is only to answer the question of what is impacting your child in the classroom. What is preventing your child from easily accessing the information presented throughout a school day.