Your Family'S Special Education Rights – Virginia Procedural Safeguards Notice, Virginia Department Of Education, Division Of Special Education And Student Services Page 13
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44demonstrates in a hearing that the evaluation of your child that you obtained did not meet the
school division’s criteria.
2. If your school division requests a hearing and the final decision is that your school division’s
evaluation of your child is appropriate, you still have the right to an independent educational
evaluation, but not at public expense.
3. If you request an independent educational evaluation of your child, the school division may
ask why you object to the evaluation of your child obtained by your school division.
However, your school division may not require an explanation and may not unreasonably
delay either providing the independent educational evaluation of your child at public expense
or filing a request for due process to defend the school division’s evaluation of your child.
You are entitled to only one independent educational evaluation of your child at public expense
each time your school division conducts an evaluation of your child with which you disagree.
Parent-initiated Evaluations
If you obtain an independent educational evaluation of your child at public expense or you share
with the school division an evaluation of your child that you obtained at private expense:
1. Your school division must consider the results of the evaluation of your child, if it meets
the school division’s criteria for independent educational evaluations, in any decision
made with respect to the provision of a free appropriate public education (FAPE) to your
child; and
2. You or your school division may present the evaluation as evidence at a due process
hearing regarding your child.
Requests for Evaluations by Hearing Officers
If a hearing officer requests an independent educational evaluation of your child as part of a due
process hearing, the cost of the evaluation must be at public expense.
School Division Criteria
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, must be the same as the criteria that the school division uses when it initiates an
evaluation (to the extent those criteria are consistent with your right to an independent
educational evaluation).
Except for the criteria described above, a school division may not impose conditions or timelines
related to obtaining an independent educational evaluation at public expense.
CONFIDENTIALITY OF INFORMATION
Virginia’s document, “Management of Student Scholastic Records,” is available on the web at:
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