Lewisville ISD was involved in a federal court case last year over special education, much of it focused on how the district responded to the parent’s request for an IEE (Independent Educational Evaluation).  The district approved the request, thus agreeing to pay for it, but then balked when the private evaluators quoted their fees. The district had adopted Operating Guidelines that set out maximum amounts that it would pay for an IEE, and in this case the parent had contacted two private evaluators, both of whom quoted fees above the maximum.

Three quick points: First, it’s OK for you to have limits on what you will pay for an IEE as long as it leaves the door open for the unusual case in which there is a good reason to pay more than the maximum.  In special education, there always has to be room for that unusual, special situation.

Second, if you adopt cost ceilings, do so on the basis of factual research of typical costs in your part of the state.  Call around, and find out what qualified people are charging. In the Lewisville case, the district pegged the ceiling at 35% over the Medicaid rate. The court found that to be reasonable, as there were plenty of evaluators who could do an IEE within those limits.

Third, whether you pay for an IEE or not, you should consider it at an ARD meeting.  In this case, I was particularly struck by the fact that the district made this easier for everyone by creating a single “side-by-side” document that summarized the recommendations of the three evaluations the ARD was considering—two IEEs along with the district’s evaluation.  This facilitates meaningful parent participation.  It also makes it easier for all members of the ARD Committee to see clearly where the evaluators agree, and where they disagree.

The case is Shafi A. v. Lewisville ISD, decided by the U.S. District Court for the Eastern District of Texas on December 15, 2016. We found it at 69 IDELR 66 and 2016 WL 7242768.

Nona Matthews and Meredith Walker of our firm’s Irving office handled this case for the district.  Nona and the crew in Irving are excellent resources for you if you want to develop good Operating Guidelines regarding IEEs.

DAWG BONE: EVERYBODY LIKES A GOOD SIDE-BY-SIDE.

 File this one under: SPECIAL EDUCATION

Tomorrow: Cinco de Mayo celebration leads to a federal court case!