Education
For Families
Right of Independent Education Evaluation (IEE) to Include Evaluation of Needs for Assisitive Technology
By Susan Goodman, Esq.
On December 4, 1995, the Office of Special Education Programs (OSEP) in the U.S. Department of Education, issued a policy letter that discusses the responsibility of school systems to pay for independent assistive technology evaluations, as it must for independent education evaluations (IEEs).
Policy letters are issued in response to a letter from anyone who wants to clarify the regulations issued by the administering agency. The U.S. Department of Education is the parent organization of OSEP. OSEP administers the Individuals with Disabilities Education Act for the Department. Therefore, questions about regulations are directed to OSEP, which then answers them.
BACKGROUND
OSEP answered an inquiry from an Assistant Commissioner, Division of Special Education, who asked the question: "Must a local school system pay for independent assistive technology evaluations as they must for independent educational evaluations?"
In its December 4, 1995, response, OSEP stated, in part:
"Public agencies are required to provide assistive technology devices or services to a student with a disability if the participants on a student's individualized education program (IEP) team determine that the student needs an assistive technology device or service in order to receive a free appropriate public education (FAPE). (34 CFR Sec. 300.308).
Depending on the individual situation, assistive technology could be designated special education, a "related service," or a supplementary aid of service. Consistent with this responsibility, each public agency must ensure that, as part of its (Part B) educational evaluation when warranted by the child's suspected disability, it assesses, in accordance with evaluation requirements, the student's functional capabilities and whether they may be increased, maintained or improved through the use of assistive technology devices or services (34 CFR Secs. 300.05 and 300.06).
The evaluation should provide sufficient information to permit the IEP team to determine whether the student requires assistive technology devices or services in order to receive FAPE."
The response later states that:
"If the public agency does not, as part of its evaluation of the child in all areas of suspected disability, assess the functional capabilities of the child as they relate to the need for assistive
technology, the parents have the right to seek, at public expense an independent evaluation if they believe the evaluation conducted by the agency fails to address appropriately the child's needs in this area."
What this means is that parents have the right to seek a private evaluation of the child at public expense, if they believe that the school did not perform a thorough evaluation in regards to AT. In addition, if the parents disagree with the school's evaluation, they may seek an independent evaluation at the district's expense.
ANALYSIS
This decision is consistent with the January, 1995, OSEP policy letter reported in the Early Fall, 1995, edition of Tech Express, in which a similar inquiry was made about the responsibility to evaluate a student with a suspected hearing or vision disability.
Collectively, these policies are significant because they state that:
- A student needs to be assessed in all areas related to the suspected disability, including areas in which assistive technology devices and/or services may be necessary.
- The school district is responsible for evaluation in areas in which assistive technology may be a factor. If the district is unable to provide an evaluation that addresses AT, the parents have a right to an independent education evaluation at the district's expense.
- The school district must provide AT devices and services if the IEP team decides that students need the devices to benefit educationally.
ANALYSIS
This decision is consistent with the January, 1995, OSEP policy letter reported in the Early Fall, 1995, edition of Tech Express, in which a similar inquiry was made about the responsibility to
evaluate a student with a suspected hearing or vision disability.
Collectively, these policies are significant because they state that:
- A student needs to be assessed in all areas related to the suspected disability, including areas in which assistive technology devices and/or services may be necessary.
- The school district is responsible for evaluation in areas in which assistive technology may be a factor. If the district is unable to provide an evaluation that addresses AT, the parents have a right to an independent education evaluation at the district's expense.
- The school district must provide AT devices and services if the IEP team decides that students need the devices to benefit educationally.
ACTION STEPS:
- Families should ask about evaluations that include assessment of the need for AT in areas of suspected disability. If the school district refuses to perform the evaluation, parents shoul request an independent educational evaluation (at a school district's expense).
- Families should ensure that language in the IEP addresses the types of AT needed, and that it is incorporated into goals and objectives.
- If the school district refuses to do an evaluation or pay for an independent educational evaluation, the local Protection and Advocacy agency should be notified.
The opinions expressed herein do not necessarily reflect the position or the policy of the U.S. Department of Education, and no official endorsement by the U.S. Department of Education of the opinions expressed herein should be inferred.
For information, contact:
- UCP
1660 L Street, NW, Suite 700
Washington, DC 20036
Tel: (202) 776-0406, (800) 833-8272 (TDD)
Fax: (202) 776-0414
E-mail: national@ucp.org
April, 1996