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About this Article
The 2004 Individuals with Disabilities Education Act (IDEA) legislation and the 2006 IDEA regulations left largely unchanged the parent’s conditional right to obtain an independent educational evaluation (IEE) at public expense. The specified conditions form what amounts to a flowchart-like framework akin to the multi-step test for tuition reimbursement under the IDEA. The extensive amount of hearing and review officer decisions concerning IEEs at public expense evidence not only the frequency of the issue but also the need for a careful legal analysis informed by the this regulatory framework, the pertinent court decisions, and the various policy letters issued by the U.S. Office of Special Education Programs (OSEP). The purpose of this ELA Notes article is to provide an updated practical legal checklist that synthesizes the court decisions, with supplemental attention to the OSEP policy interpretations. For ease of differentiation, the updated parts are highlighted in gray.
Note: Case Law is a very dynamic field, and cases are routinely overturned or modified by subsequent decisions. Articles on this site should not be considered to represent the full breadth of the law or the most current information. For specific, current information, you should consult a legal professional.
APA Citation: Zirkel, P. A. (July, 2012). Independent educational evaluation reimbursement under the IDEA: An update, ELA Notes 47(3), 16-18.
Authors: Zirkel, Perry A.
Title: Independent Educational Evaluation Reimbursement under the IDEA: An Update
Journal: ELA Notes
Publisher: Education Law Association
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Yes. CPIR expresses its appreciation to the Education Law Association for its generous permission to post this article on our website.