Your Family'S Special Education Rights – Virginia Procedural Safeguards Notice, Virginia Department Of Education, Division Of Special Education And Student Services Page 12
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44 develop and implement an interim IEP with your consent while obtaining and reviewing
whatever information is needed to develop a new IEP, or
conduct an evaluation and develop and implement a new IEP with your consent.
• If you and school personnel cannot agree on interim services or a new IEP, either you and/or
your new school division may initiate the dispute resolution options of mediation or due
process to resolve the dispute. During the resolution of the disagreement, your new school
division must provide FAPE, in consultation with you, including services comparable to
those described in your child’s IEP from the previous school division.
INDEPENDENT EDUCATIONAL EVALUATIONS
If you disagree with an evaluation completed by the school division, you have
the right to have your child evaluated by someone not connected to your
child’s school division, at the school division’s expense.
General
As described below, you have the right to obtain an independent educational evaluation (IEE) of
your child if you disagree with the evaluation of your child that was obtained by your school
division.
If you request an independent educational evaluation, the school division must provide you with
information about where you may obtain an independent educational evaluation and about the
school division’s criteria that apply to independent educational evaluations.
Definitions
Independent educational evaluation means an evaluation conducted by a qualified examiner who
is not employed by the school division responsible for the education of your child.
Public expense means that the school division either pays for the full cost of the evaluation or
ensures that the evaluation is otherwise provided at no cost to you, consistent with the provisions
of the IDEA, which allow each State to use whatever State, local, Federal and private sources of
support are available in the State to meet the requirements of the IDEA.
Parent Right to Evaluation at Public Expense
You have the right to an independent educational evaluation of your child at public expense if
you disagree with an evaluation of your child obtained by your school division, subject to the
following conditions:
1. If you request an independent educational evaluation of your child at public expense, your
school division must, without unnecessary delay, either: (a) File a request for due process to
request a hearing to show that its evaluation of your child is appropriate; or (b) Provide an
independent educational evaluation at public expense, unless the school division
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