IEE

[Mel]

Minnesota- 

Our child recently had an IEE completed and we just got back the results. The results came back in our favor. Additional diagnosis's and how they impacting our child at school. We emailed the school requesting an IEP meeting to review the IEE, discuss the recommendations, and update the IEP. The school is refusing to allow the IEE evaluator to come to the meeting since it's an additional charge. 

I'm concerned the school is going to try placing everything on our child or say they refuse help (even though the IEE addresses why that would happen for our child) and refuse to change anything. 

Can they do that? What options are there if they refuse to add any of the recommendations?

Also, how long does the school have to hold an IEP meeting after an IEE and a parents requesting one?

 

Thanks. 

 

[Carolyn Rowlett]

It is best practice to make sure the cost of having the IEE provider come to the IEP meeting is included in the contract.  Unfortunately, most parents don't know this.  After the fact may be tough to get, but you could argue that just as the school district has to provide someone who can interpret the results of a school evaluation, that an IEE necessitates this, as well.  However, doubtful you would win this argument because the school district will say that their school psychologist can interpret the results.  You also have the right to speak with the provider and relay what they state about the evaluation to the team.  Or even better, have them write an addendum to their report that you think will be needed to convince the school district.

If there any way you could pay the provider's fee to attend?  Maybe have him/her attend via Zoom and ask the team if his/her input can come at the beginning of the meeting so s/he doesn't have to stay (and bill) for the entire meeting?

Unfortunately, a school district only must "consider" IEE's and are not bound to implement any of its recommendations.  So your only options if they refuse are those listed in your procedural safeguards.

There is no federal timeline for holding an IEP meeting after the results of an IEE are available.  However, your state department of education might have some guidelines on this in a Parents' Guide or on the website.  You could even call them and ask .  Usually when the law is silent on timing, the "reasonable" standard is applied.  I would say if 30 days have passed and a meeting has not been scheduled that you file a state complaint.