4321.3- Independent Educational Evaluations

The Valley Central Board of Education recognizes the right of parents or guardians of a student who has or is thought to have a disability, to receive an independent evaluation at public expense if they disagree with the evaluation obtained by the Committee on Special Education (CSE) or the committee on Preschool Special Education (CPSE).

The independent examination shall be conducted by a qualified examiner who is not employed by the school district responsible for the child’s education. Upon request, parents will be provided with a list of public and private agencies and professional resources where independent evaluations may be obtained. These publicly-funded independent evaluations shall be confined to the geographic and fiscal limits set forth in the regulations, 4321.3-R.

Parents or guardians should file a written request within 90 days from the date of the CSE or CPSE evaluation. The district has the right to initiate an impartial hearing to demonstrate that its evaluation is appropriate. If the hearing officer determines that the district’s evaluation was appropriate, a parent or guardian is not entitled to reimbursement at public expense.

Cross-ref:

  • 4321, Programs for Students with Disabilities

Ref:

  • 34 CFR 300.503
  • 8 NYCRR Part 200.5(a)(1)(vi)
  • A Parent’s Guide to Special Education: Your Child’s Right to an Education in New York State, State Education Department

Adoption date: May 27, 1997
Reviewed: May 22, 2017