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Meeting the needs of people with disabilities, their families, educators & service providers

School district may not cure deficient evaluation to avoid paying for an IEE.

M.Z. v. Bethlehem Area School District, 57 IDELR 5 (E.D. Pa. 2011):  A U.S. District Court determined that a state hearing officer erred when she ordered a school district to simply update an inappropriate evaluation rather than ordering a new and complete evaluation.

The parents of a student with a central auditory processing disorder, and pervasive developmental disorder, not otherwise specified (on the autism spectrum) requested an independent educational evaluation (IEE) as a result of the district’s failure to conduct an appropriate evaluation of the student.  The district, instead of paying for the IEE, filed a due process complaint claiming that its evaluation was appropriate.  The hearing officer found the district’s evaluation was inappropriate, but nevertheless decided not to require a full IEE because the parent “did not really take issue with the accuracy of the test results” of the district.  Instead, the hearing officer ordered the district to cure its inappropriate evaluation by including a classroom observation and input from the student’s teachers and parents.

The Court, agreeing that the evaluation was inappropriate, overturned the hearing officer’s order, noting that the federal regulations do not require specific arguments or disagreements with an evaluation for a parent to become entitled to a publicly funded IEE.  The regulations simply require that the district’s evaluation be inappropriate.  Since the district’s evaluation for this student was inappropriate, the parents were entitled to an IEE at public expense.

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This entry was posted on Monday, August 29th, 2011 at 3:32 pm and is filed under Uncategorized. You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.

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