New MA laws on IEE's

The only thing I do know is states are mandating the “customary expenses” clause. This means they can pay only what is considered customary,causing some higher price evaluators troubles. But the federal laws are still the same. They must provide you their policy on IEE’s and the only way to deny you one is to file in court. They can howeve limit your evaluators based on the fees they charge.

Thanks, I heard that they changed the wording in the Massachusetts law from Free and Appropriate Education to Maximum Feasible Benenfit. Which is basically a loophole that allows them not to pay.

The Massachusetts law is now free and appropriate education, the same as the federal standard. The DOE(Department of Education) website has the regulations on IEE, basically a sliding scale that pertains to family income. A very helpful website is the Federation for Children with Special Needs, [email protected] In Mass., like most states, to receive special ed. you need to prove a disability(CAPD is not on the list), prove lack of effective progress(very hard to prove in a young child), and prove the need for special education.

They have changed the laws in MA for IEE’s. I checked it out not too long ago in case we ever wanted one. Basically if you are well off financially they can ask you to contribute or pay for the evaluation. There is a formula which I found on the MA Dept. of Ed. Website. The guidelines were reasonable as I recall. Our family would not be required to pay. We are not poor by any means but could not afford to shell out $1000-$2000 for a neuropsych evaluation.

Do you by any chance still have the web address where the formula was located?

I also heard for an independent evaluator that the school since January have been refusing to pay for any independent eval because of the law change??

K.

The formula for what the public school system will pay for IEE is on the site; basically it is cost-sharing(if your child qualifies for a free school lunch, you qualify) depending on the family income; however you must have on evaluation by the school system with which you disagree. However, the public school is NOT bound to accept the findings of the independent evaluation.

Outrageous. The bottom line federal law supercedes state law everytime. If you will notice in this law section (d) it states if you do not choose to provide your income information they MUST use HELLO,federal Law. They either agree to pay OR they must file in court and allow the judge to decide if their eval was sufficient. I personally would have a big issue with providing income information and it makes a parent think they must,they DO NOT.

28.04: Referral and Evaluation

5) Independent education evaluations. Upon receipt of evaluation results, if the parent disagrees with an initial evaluation or re-evaluation completed by the school district, then the parent may request an independent educational evaluation.

(a) All independent educational evaluations shall be conducted by qualified persons who are registered, certified, licensed or otherwise approved and who abide by the rates set by the state agency responsible for setting such rates. Unique circumstances of the child may justify an individual assessment rate that is higher than that normally allowed.

(b) The parent may obtain an independent educational evaluation at private expense at any time.

(c) Public funding of independent evaluations - When the parent requests public funding for an independent evaluation, the district shall abide by the following provisions for a sliding fee scale:

(i) If the student is eligible for free or reduced cost lunch or is in the custody of a state agency with an Educational Surrogate Parent appointed in accordance with federal law, then the school district shall provide, at full public expense, an independent educational evaluation that is equivalent to the types of assessments done by the school district. No additional documentation of family financial status is required from the parent.

(ii) If the family financial status is not known, the district shall offer the parent information about the sliding fee scale and the opportunity to provide family income information to determine if the family may be eligible for public funding of all or part of the costs of an independent educational evaluation. Provision of financial information by the family is completely voluntary on the part of the family. The lack of financial information provided by the family will disqualify the family from such additional public funding of all or part of the costs of an independent educational evaluation under 603 CMR 28.04(5)(c) but shall not limit the rights of parents to request public funding under 603 CMR 28.04(5)(d).

(iii) If the family agrees to provide financial information, such information shall include anticipated annual income of the family, including all sources of income and verifying documents. Financial information shall be reviewed by the district, shall be kept confidential during review by the district, shall not be copied or maintained in any form at the district except to note that information was provided and reviewed and met or did not meet sliding fee scale standards. Financial documents shall be promptly returned to the parent(s) upon the district’s determination of financial income status.

(iv) The district shall consider family size and family income information in relation to Federal Poverty Guidelines and shall contribute public funds to the costs of the independent educational evaluation according to the following standards:

aa. If the family income is equal to or less than 400% of the federal poverty guidelines, the district shall pay 100% of the costs of an independent educational evaluation.

bb. If the family income is between 400% and 500% of the federal poverty guidelines, the district shall pay 75% of the costs of an independent educational evaluation.

cc. If the family income is between 500% and 600% of the federal poverty guidelines, the district shall pay 50% of the costs of an independent educational evaluation

dd. If the family income is over 600% of the federal poverty guidelines, the district shall have no obligation to cost-share with the parent.

(v) When the parent seeks and receives public funding for an independent educational evaluation under these provisions, the parent may request independent assessments in one, more than one, or all of the areas assessed by the school district.

(vi) The right to this publicly funded independent educational evaluation under 603 CMR 28.04(5)(c) continues for sixteen (16) months from the date of the evaluation with which the parent disagrees.

(d) If the parent is requesting an evaluation in an area not assessed by the school district, the student does not meet income eligibility standards, or the family chooses not to provide financial documentation to the district establishing family income level, the school district shall respond in accordance with the requirements of federal law. The district shall either agree to pay for the independent educational evaluation or within five school days, proceed to the Bureau of Special Education Appeals to show that its evaluation was comprehensive and appropriate. If the Bureau of Special Education Appeals finds that the school district’s evaluation was comprehensive and appropriate, then the school district shall not be obligated to pay for the independent educational evaluation requested by the parent.

(e) Whenever possible, the independent educational evaluation shall be completed and a written report sent no later than thirty (30) days after the date the parent requests the independent educational evaluation. If publicly funded, the report shall be sent to the parents and to the school district. The independent evaluator shall be requested to provide a report that summarizes, in writing, procedures, assessments, results, and diagnostic impressions as well as educationally relevant recommendations for meeting identified needs of the student. The independent evaluator may recommend appropriate types of placements but shall not recommend specific classrooms or schools.

(f) Within ten (10) school days from the time the school district receives the report of the independent educational evaluation, the Team shall reconvene and consider the independent educational evaluation and whether a new or amended IEP is appropriate.