Requested IEE - California rules/ resources?

[mykids]

After trying to find someone thru my insurance to do an evaluation and having difficulty and the feedback I was getting was that most often insurance will not want to pay for the evaluations because they feel school should be covering this, I decided to request an IEE.
The person at school "in charge" called me and asked if I was planning on taking legal action against the district. Not sure why they asked that, maybe because I also requested all his records.
It sounds like instead of them giving me a simple yes or no on the IEE, they are going to offer to do some additional testing within the district.
Do I have to accept that?
If I say no, then what most likely happens?

We did see a neurologist and will be going back for an EEG and TOVA (test of visual attention). The neurologist has a clinical psychologist that works with him. We have not been in contact with this person yet.

I really do not want to do more testing thru school.

[bros]

If it has been more than a year, they get another crack at testing.

[healthy11]

I recall that you're in California, and your son is 16, and already a Sophomore in H.S. I looked back at some of your previous posts, and as best I can tell, the school's most recent evaluation of your son was over a year ago, so as Bros said, legally they can do all their testing again and deny your IEE until afterwards. I'm concerned that by the time you have results, your son is going to be a Junior...is your hope that he will be granted an IEP for remediation, or would a 504 plan be adequate to provide accommodations such as extended time for school and SAT/ACT college testing? In any case, I modified the title of your post with the hope that members like Empeg1, and other people in CA, will see it and possibly be able to provide more information/resources.

[eoffg]

Getting the school to pay for an IEE, involves a process?
Firstly, it involves their school psychologist doing an evaluation.
You can then disagree with the results of the evaluation, and request that they pay for an IEE.
Where you're not required to explain why you disagree.

Another way that they are required to pay for an IEE, is if their school psychologist is unable to conduct the required tests.
Which can involve a legal process, to prove that they aren't able to do the tests.
This can also be used to get them to pay for an IEE, after it has already been done.

So that it needs to meet the criteria, before they can say yes, or legally forced to say yes.

[kewpie]

Some states have a 10 or 15 day response period for IEE's. If a written request come in and there is no response from the district within the time period, then the student "wins" and gets an IEE. Unfortunately California does not have such a time line but it still must be reasonable. I "won" reimbursement for an IEE in Ca because the district waited to long as period to respond and when they did respond, months later, they mis-quoted the laws etc...

[mykids]

It's been a month since I requested the IEE. If anyone in CA. has further information as to acceptable time frame to wait, that would be great.

Someone told me that if I filed a complaint, then the district could file a due process which will then stop my complaint by federal law. So I should pay for IEE out of pocket first before filing a complaint. Anyone run into this?

Bros. - I have been looking for information regarding your comment that if it has been over a year then the district has another chance to do more testing themselves and I can't find anything. Can you direct me to that law?

I haven't gotten anything in writing. Just a couple verbal conversations asking me why I am requesting the IEE and in one converstation an offer to do a specific assessment which was already done a few years ago, but they had no record of it. I also requested his educational file and there is nothing in there about this assessment being done.

[bros]

Hmmm... I could've sworn I read it in IDEA a little while ago.

[healthy11]

In a post on Nov. 8, 2013, Millermom member Kosmo wrote:

"I see that said a lot, but haven't found any supporting evidence that there is a 12 month time limit. I asked for an IEE over a year after the school had completed their evaluations, and it was granted.

34 CFR Section 502(b) covers IEEs, and says parents may ask for an IEE each time the school does an evaluation. Here's the text:

(b) Parent right to evaluation at public expense. (1) A parent has the right to an independent educational evaluation at public expense if the parent disagrees with an evaluation obtained by the public agency, subject to the conditions in paragraphs (b)(2) through (4) of this section.
(2) If a parent requests an independent educational evaluation at public expense, the public agency must, without unnecessary delay, either—
(i) File a due process complaint to request a hearing to show that its evaluation is appropriate; or
(ii) Ensure that an independent educational evaluation is provided at public expense, unless the agency demonstrates in a hearing pursuant to §§ 300.507 through 300.513 that the evaluation obtained by the parent did not meet agency criteria.
(3) If the public agency files a due process complaint notice to request a hearing and the final decision is that the agency's evaluation is appropriate, the parent still has the right to an independent educational evaluation, but not at public expense.
(4) If a parent requests an independent educational evaluation, the public agency may ask for the parent's reason why he or she objects to the public evaluation. However, the public agency may not require the parent to provide an explanation and may not unreasonably delay either providing the independent educational evaluation at public expense or filing a due process complaint to request a due process hearing to defend the public evaluation.
(5) A parent is entitled to only one independent educational evaluation at public expense each time the public agency conducts an evaluation with which the parent disagrees."

Pertaining to California, perhaps the following will help? www.disabilityrightsca.org/pubs/547601.htm

[bros]

Might've been a NJ only thing I read.

[mykids]

Thanks Healthy11 - I have already read everything you just posted. And did not see or understand what I read to say you have to request IEE within a year of initial assessment.
Initially I had thought that was the case as well , but as I am now reading thru IDEA again, I am not finding it.

Now I need to research what I was told about the district being able to stop a complaint by filing due process after a complaint is made. (see above post) I had never heard this before but again want to make sure.

Thanks again!

[bros]

A district can disagree with the need for an IEE and file for DP

[empeg1]

My first question is why do you want the IEE? What is the issue? Is your son able to obtain educational benefit with what the school is doing now? Remember, the above is the criterion. What do you want to happen in the next two years of school before your son graduates? Is he have an IEP now or a 504? If he does not, the district may be reluctant, as parents have been asking for testing and an IEP at the end of high school with an eye towards testing accommodations for college entrance exams. I am not saying this is the case with your son! I am only commenting that districts are highly leery qualifying students for special education with high school students in the last couple of years unless something has changed in the students's life.

As for the district asking why you are asking for an IEE, you do not need to answer if you plan to file for a complaint or for due process. If a year has passed, the district has the right to do further testing. Have you checked with your insurance to see if testing will be covered? This may be the fastest route given your son's age and the time it may take to get that IEE approved.

[kewpie]

I answered you private email.

[mykids]

He has an IEP.

I have already asked for the IEE, no going back, so at this point it does not matter why other than I disagree.

My real question here is, how long do I wait before either sending them a letter stating that I have set up the IEE and request reimbursement or file a state complaint?

Typically how long does it take for the district to get back to a parent on this and how long does the state allow the district to take?

How long do I wait?

[kewpie]

I think 10 days is sufficient for them to get back to you. California does not have a specific time frame, but federal law says it should be reasonable. Several other states have a 10 day requirement for the district to respond. In theory, they should give give you prior written notice within 10 days of your request to explain their actions whether they agree or refuse.

[mykids]

Just wanted to update on this - It took a few months and more than a few conversations with people at school and people outside of school, but the IEE was approved. It’s still not perfect and won’t be, but I think some things are starting to fall into place.

Nothing about this process has gone as I expected or as I have understood it should, and it has left me wondering if our laws are really laws or are they nothing more than simple guidelines.

Hopefully this can provide a little bit of hope and encouragement for anyone who is thinking they have waited too long, it’s been over or close to a year, or if you have already been told no to your IEE request. Keep at it.

Thank you to all who gave input. Whether I agree or not, it’s all good food for thought.