23 / 190
1342.12 Companion
July 12, 2017
Page 23
system (or in a due process hearing filed) that the geographic limitation renders the IEE
impossible.
2.)
The evaluation is to be administered by trained and knowledgeable personnel, in compliance
with the instructions of the testing instrument.
3.)
The evaluation is to be provided in the student’s native language (or other mode of
communication) and in the form most likely to yield accurate information on what the student
knows and can do academically, developmentally, and functionally, unless it is clearly not
feasible to so provide and administer.
4.)
DoDEA may not
impose conditions on the IEE that are inconsistent with the criteria it uses for
conducting its own evaluations.
5.)
The independent evaluator must:
select and administer a variety of assessment tools and strategies.
select and administer technically sound instruments that may assess the relative
contribution of cognitive and behavioral factors, in addition to physical or developmental
factors.
select and administer instruments that are not racially or culturally discriminatory.
select and administer instruments that assess the extent to which the student with limited
English proficiency has a disability and needs special education, rather than measuring the
student’s English language skills.
select and administer instruments that are validated for the specific purpose for which they
are used or intended to be used.
select and administer instruments that assess specific areas of educational needs and
strengths, and not merely to provide a single general intelligence quotient.
select and administer instruments that are to be administered to a child with impaired
sensory, motor, or communication skills so that the results accurately reflect a child’s
aptitude or achievement level or other factors the test purports to measure, rather than
reflecting the child’s impaired sensory, manual, or speaking skills.
If the parent selects an evaluator that DoDEA does not believe meets the DoDEA criteria, DoDEA must
provide PWN indicating its refusal to fund the IEE by the selected evaluator and explain why the
evaluator does not meet DoDEA criteria.
The PWN also must indicate that DoDEA is required to initiate
due process per DoDM 1342.12 and the Individuals with Disabilities Education Act (IDEA). However, t
he
SPED ISS should continue to work with the parent to facilitate selection of an evaluator that DoDEA
agrees meets the criteria. If DoDEA and the parents cannot agree, DoDEA must request a due process
hearing.
IEE already obtained by parents
:
If the parent has requested reimbursement for an IEE that the parent has already obtained, DoDEA must
first determine whether the IEE meets the above-mentioned DoDEA criteria and provide PWN outlining
whether DoDEA is agreeing or refusing to fund the already obtained IEE (and why). If DoDEA refuses
payment because DoDEA believes that the evaluation does not meet DoDEA criteria, DoDEA must
request a due process hearing. If DoDEA agrees to fund the IEE, after determining that it meets DoDEA
criteria, the SPED ISS must alert the district procurement office of the potential payment to the vendor
selected by the parent and already conducted the IEE.