Monday, October 1, 2012
Special Education Time Frames Part 2
This is the second article about time frames under special education law. While some federal and state special education regulations describe the timeframes in which a school district and area education agency must take certain actions. While some of these regulations state a specific number of days, others indicate that actions should be taken in an unspecified but timely way. In this post, I will begin setting out some of the time frames that apply to specific actions under the special education regulations contained in the Iowa Administrative Code.
Independent Educational Evaluation (IEE) See 281—41.502
An IEE is an evaluation conducted by a qualified examiner not employed by the AEA. After a school district/AEA have performed an evaluation, if the parents of a child with a disability disagree with the outcome of that evaluation, they have the right to obtain an independent educational evaluation (IEE) of the child at public expense, subject to the conditions set out in the Iowa Administrative Code.
If a parent requests an IEE at public expense, the AEA must, without unnecessary delay, either:
(1) File a due process complaint to request a hearing to show that its evaluation is appropriate; or
(2) Ensure that an independent educational evaluation is provided at public expense, unless the AEA demonstrates in a hearing pursuant to these rules that the evaluation obtained by the parent did not meet agency criteria.
The school district and AEA may not unreasonably delay either providing the IEE at public expense or by delaying before filing a due process complaint to request a due process hearing to defend the public evaluation.
Determination of Eligibility for Special Education and/or Related Services See 281– 41.306
Upon completion of the evaluation, a group of qualified professionals and the child’s parent shall determine whether the child is a child with a disability, as defined in accordance with subrule 41.306(3) and the educational needs of the child; and the school district/AEA shall provide a copy of the evaluation report and the documentation of determination of eligibility at no cost to the parent.
Initial Provision of Services See 281--41.323(3) See 281—41.103(3)
Within 30 days of the date the evaluation team determines that a child needs special education and related services, the school district and AEA must hold a meeting of the IEP team to develop an IEP for the child, and begin services.
There shall be no delay in implementing an eligible individual’s IEP, including any case in which the payment source for providing or paying for special education and related services to the child is being determined.