Policy Manual

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Policy IHBAI

A parent of a student with disabilities has a right to obtain an independent educational  evaluation at public expense if the parent disagrees with an evaluation obtained by the  district. An “independent educational evaluation” means an evaluation conducted by a qualified examiner who is not employed by the district.  

If a parent requests an independent educational evaluation at public expense, the district  must, without unnecessary delay, either (1) initiate a hearing with the Maine Department  of Education to show that its evaluation is appropriate, or (2) ensure that an independent  educational evaluation is provided at public expense, unless the district demonstrates in a hearing with the Maine Department of Education that the evaluation obtained by the  parent did not meet agency criteria. 

If a parent requests an independent educational evaluation at public expense, the public  agency may ask for the parent’s reason why he/she objects to the district’s evaluation.  However, the explanation by the parent may not be required, and the district may not  unreasonably delay either providing the independent educational evaluation at public  expense or initiating a due process hearing to defend the district’s evaluation.

If the independent evaluation is at public expense, the criteria under which the evaluation  is obtained, including the location of the evaluation and the qualifications of the  examiner, must be the same as the criteria that the district uses when it initiates an  evaluation.  

The district shall provide to the parent, upon request for an independent educational  evaluation, information about where an independent educational evaluation may be  obtained and information about the school’s criteria applicable to independent  educational evaluations at public expense.  

If the parent obtains an independent educational evaluation at private expense, the results  of the evaluation must be considered by the district, if that evaluation meets the district  criteria for independent educational evaluations, in any decision made with respect to the  provision of a free appropriate public education for the child.  

If the parent requests an independent evaluation at public expense when the parent does  not disagree with an evaluation provided by the district, or when the school has not  recently provided an evaluation in the area requested, the parent request shall be referred  without unnecessary delay to the PET to determine whether the PET should order an  evaluation in the area requested.  

Legal Reference: 34 CFR § 300.502 (March 1999)  

 Me. Dept. of Ed. Reg. ch. 101 §§ 9.19, 12.5 (July 2023)  

Adopted: July 8, 2002

Revised: August 19, 2024

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