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What Can You Do if You Do Not Agree with the School District's Evaluations of Your Child?

by Sheryl R. Frishman, Esq.
Frishman & Faber
399 Knollwood Road
White Plains, NY 10603

It is not uncommon for families to feel that their child needs additional tests or to feel that the school district's testing is inadequate. Parents may want additional evaluations or may be interested in testing their child in areas the school district did not test. A parent is entitled to use their own funds to have their child tested by an outside evaluator. These tests are referred to as Independent Educational Evaluations ("IEE") and should be considered by the school district during the CPSE/CSE meeting. A parent interested in having the school district pay for an IEE must request the IEE from the school district in writing and provide reasons for the additional outside testing prior to the IEE. The school district may pay for the IEE when:

  1. The original evaluation was incorrect;
  2. The original evaluation was not done in the child's native language;
  3. The original evaluation was incomplete and additional tests are needed; or
  4. The evaluation could not be done with the needed accommodations (for example in Braille for a blind student).

Sheryl Frishman, Esq.
Frishman & Faber
Tel: (914) 898-2106

This is not legal advice. Please do not rely on this without first consulting with an attorney.

Disclaimer: Internet Special Education Resources (ISER) provides this information in an effort to help parents find local special education professionals and resources. ISER does not recommend or endorse any particular special education referral source, special educational methodological bias, type of special education professional, or specific special education professional.


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