Obtaining Evaluations From Your School District
by
Herbert D. Hinkle, Esq. and Ira Fingles, Esq.
Herbert D. Hinkle
Law Office
2651 Main Street
Lawrenceville, New Jersey 08648
(609) 896-4200 or (215) 860-2100
The evaluation of a child with a disability greatly affects the
special education process. Evaluations can make the difference between
a good IEP and a bad IEP. They can also influence the child’s
educational placement. However, the parent can sometimes disagree with
the evaluations conducted by the school district.
Special education law provides that a parent may request an
independent child study team evaluation if there is disagreement with
the evaluation provided by the school district. Parents who seek an
independent evaluation must notify their school district in writing.
The evaluation must be provided at no cost to the parents, unless the
school district initiates a due processing hearing to show that its
evaluation is appropriate. Independent evaluations must be conducted
by approved clinics (the Department of Education maintains a list of
such clinics), or by professionals who hold the appropriate license or
certification in their field. As with the initial evaluation of a
child, the independent child study team evaluation must include
whatever professional disciplines the pupil’s needs dictate.
Schools sometimes argue that a parent must identify a specific error
in an evaluation in order to be entitled to an independent evaluation.
However, a parent may disagree with an evaluation because it fails to
recommend a service that the parent believes is necessary or it fails
to address all of the child’s learning issues. Moreover, the law is
clear that parents may not be required to provide an explanation of
their disagreement with the district’s evaluation.
An independent evaluation is available as a matter of right when the
parent disagrees with the determination of eligibility, or the nature
of the education or related services to be provided.
In short, independent evaluations are an effective way for parents to
get a second opinion about their child’s needs. In some cases
independent evaluations can lead to a settlement of a dispute between
the district and parents.
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Herbert D. Hinkle,
and his colleagues, Ira M. Fingles and S. Paul Prior, maintain a statewide
law practice with offices in Lawrenceville, Marlton, and Florham Park,
New Jersey, and Yardley, Pennsylvania. They lecture and write frequently
on topics of law, aging, disability and estate planning and are available
to speak to groups in New Jersey and Pennsylvania
at no charge.
Comments and suggestions
for future articles should be mailed to: The Law Offices of Herbert
D. Hinkle, 2651 Main Street, Suite A, Lawrenceville, New Jersey 08648-1012.
Copyright 2003
Herbert D. Hinkle. All rights reserved.
