D.C. Mun. Regs. tit. 5, r. 5-A3038

Current through Register Vol. 71, No. 43, October 25, 2024

Rule 5-A3038 - INDEPENDENT EDUCATIONAL EVALUATIONS

3038.1

The LEA shall provide to the parent, upon request for an independent educational evaluation, information about where an independent educational evaluation may be obtained and the LEA criteria applicable for independent educational evaluations, as follows:

(a) If an independent educational evaluation is at public expense, the criteria under which the evaluation is obtained, including the location of the evaluation and the qualifications of the examiner, shall be the same as the criteria that the LEA uses when it initiates an evaluation, to the extent those criteria are consistent with the parent's right to an independent educational evaluation; and

(b) Except for the criteria described in this section, the LEA may not impose conditions or timelines related to obtaining an independent educational evaluation at public expense.

3038.2

A parent has the right to an independent educational evaluation at public expense if the parent disagrees with an evaluation obtained by the LEA, subject to the following conditions:

(a) If the parent requests an independent educational evaluation at public expense, the LEA shall, without unnecessary delay, either:

(1) File a due process complaint to request a hearing to show that its evaluation is appropriate; or

(2) Ensure that an independent educational evaluation is provided at public expense, unless the LEA demonstrates in a hearing in accordance with IDEA and this chapter that the evaluation obtained by the parent did not meet the LEA's criteria;

(b) If the LEA files a due process complaint notice to request a hearing and the final decision is that the LEA's evaluation is appropriate, the parent maintains the right to an independent educational evaluation, but not at public expense; and

(c) If the parent requests an independent educational evaluation, the LEA may request the parent's reason for objecting to the LEA's evaluation, but may not require the parent to provide an explanation and may not unreasonably delay either providing the independent educational evaluation at public expense or filing a due process complaint to request a due process hearing to defend the public evaluation.

3038.3

A parent is entitled to one (1) independent educational evaluation at public expense each time the LEA conducts an evaluation with which the parent disagrees.

3038.4

If the parent obtains an independent educational evaluation at public expense or shares with the LEA an evaluation obtained at private expense, the results of the evaluation:

(a) Shall be considered by the LEA, if the evaluation meets LEA criteria, in any decision made with respect to the provision of FAPE to the child; and

(b) May be presented by any party as evidence at a hearing for a due process complaint under this chapter.

3038.5

If an impartial hearing officer requests an independent educational evaluation as part of a hearing regarding a due process complaint, the cost of the evaluation shall be at public expense.

3038.6

Except where the requesting party can demonstrate unique circumstances justifying the payment of costs exceeding the established maximum rates or amounts, the LEA may use the maximum hourly rates and maximum evaluation costs set pursuant to 5-A DCMR § 2800 et. seq., as the maximum hourly rates and maximum evaluation costs to be paid by the LEA for the independent evaluations and services.

D.C. Mun. Regs. tit. 5, r. 5-A3038

Final Rulemaking published at 69 DCR 5902 7/1/2022