Law Offices of H. Jeffrey Marcus P.C.
Monday, November 26, 2012
11th Cir. affirms parent's right to independent evaluation at district expense
PHILLIP C. v. JEFFERSON COUNTY BOARD OF EDUCATION (11th Cir., decided 11/21/12): The Court rejected the district’s argument that the federal regulation authorizing a parent's right to an independent evaluation at district expense exceeded the scope of the IDEA. The District argued that the IDEA did not specify that state and local agencies must finance a parent's IEE and thus, although the parent had a right to an IEE, the district did not have to pay for it.