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Neuropsych at state rate


LDove
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The district approved my request for a neuropsych at the state rate. The Assistant Director is telling me I need to find a provider and ask if they accept state rate and go from there. Sounds ideal right? Except now I have to do all the leg work and it seems pretty impossible after calling around everywhere. Someone just told me they’re required to give me a list of providers. Is this true and if so, where can I find the info to back that up? My son was denied FAPE last yr and we’ve got a comp Ed plan about to go into place so I wouldn’t be surprised if they’re trying to throw some hurdles in front of me

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OSERS/OSEP is very clear about setting price limits on IEEs.

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Neither federal or state law nor their regulations limit the cost of an IEE. However, the U.S. Department of Education has taken the position that school districts may set cost containment criteria (cost caps) for IEEs so long as the caps do not prevent parents from obtaining an IEE. As a result, school districts may set reasonable caps reflecting the usual and customary rates in their community for each area of expertise. School districts must also provide parents an opportunity to show that the cost caps should not apply due to unique factors in their child’s case. [See Comments on IDEA regulations at 71 Fed. Reg. 46689.]

 

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This isn’t an IEE. I requested a neuropsych because it was written in summary in his IEP that he’s complex and they would need to know more with a neuropsych. So I said ok, can we do a neuropsych, expecting them to say no. But they said yes, but I would have to call and find the provider and it would have to be “state rate.” When I asked what that was the assistant director told me she couldn’t disclose the amount but that the providers would know if they met the criteria or not. 

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A neuropsych is a type of IEE.

While you can get a neuropsych done by the school, it is highly unusual. Most districts don't have neuropsychologists on staff.

 

 

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IDEA says that "(2) Each public agency must provide to parents, upon request for an independent educational evaluation, information about where an independent educational evaluation may be obtained, and the agency criteria applicable for independent educational evaluations as set forth in paragraph (e) of this section." 

So yes, they are supposed to provide a list if you request it. 

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Michigan mother of two with IEPs, and owner of MI Student Advocacy Services. Trying to change the world one IEP at a time. 

 

 

 

 

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