Legal Rights and Compliance

Individuals with Disabilities Education Act (IDEA) 

Under the Individuals with Disabilities Education Act (IDEA), parents have the right to request an Independent Educational Evaluation (IEE) if they disagree with a school district’s evaluation of their child in any area of suspected disability, including Occupational Therapy (OT).

What this means: If you believe your child’s school OT assessment was incomplete, inaccurate, or didn’t reflect their true needs, you can request an independent assessment from a qualified provider not employed by the school district. 

California Education Code

California state law supports and expands upon IDEA, ensuring:

Parents are informed of their rights when assessments are proposed or completed.
School districts must respond to IEE requests "without unnecessary delay" (typically within 15 business days).
Districts cannot unreasonably delay or deny a parent’s right to an IEE.

School District Responsibilities

When a parent requests an IEE, the school district must do one of two things:

Approve the request and fund the IEE at public expense, or
Initiate a due process hearing to prove their own evaluation was appropriate.

Until one of these actions is taken, the district cannot ignore the request or delay action indefinitely. 

Additionally:
The school must consider the results of an independent evaluation when making IEP decisions; however, they are not required to accept or implement all recommendations made by the evaluator

Public Funding for IEEs

Parents can request an IEE at public expense if:

The district conducted an evaluation you disagree with

You submit a formal written request stating your disagreement (you don't need to give detailed reasons).

What’s Covered

If approved, public funding usually covers:

The full cost of the independent assessment
Attendance at IEP meetings to discuss findings

If the school district denies your request, they must immediately initiate due process and provide evidence that their own evaluation was sufficient.

Gallery

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