Prevailing party status for IEE

AP v. NORTHERN BURLINGTON COUNTY REGIONAL BOARD OF EDUCATION, Dist. Court, D. New Jersey 2010: District Court held that Parents who obtained an order compelling a district to pay for an Independent Educational Evaluation were entitled to prevailing party status for purposes of an attorney fee claim.

Court rules in favor of parent on right to independent evaluation (IEE)

KB v. HALEDON BOARD OF EDUCATION, Dist. Court, D. New Jersey 2010: Court holds that parent is entitled to an independent evaluation at district expense (IEE) where the request for such an evaluation was properly made and where the district failed to utilize the appropriate procedural route to avoid the obligation of financing an independent evaluation–i.e. commence a due process hearing.

Court affirms order allowing classroom observation as part of independent evaluation

SCHOOL BOARD OF MANATEE COUNTY, FLORIDA v. L.H. (M.D.Fla. 9-30-2009):

Parents contended that implementation of an unwritten policy prevented them from obtaining an independent psychological evaluation; that without the completed evaluation, the parents did not have the information they needed to effectively participate in the development of an IEP for their child; and that the parents’ right to obtain an independent educational evaluation (IEE) under the IDEA included the right to have their private psychologist conduct in-school observations of their child. The Court agreed with the parents citing to an OSEP memo, Letter to Mamas, 42 IDELR 10. The Court thus affimed the ALJ’s order allowing the psychologist retained by the parents to conduct an in-school observation of at least two hours.

Court orders funding of independent FBA

Harris v. District of Columbia, 561 F. Supp. 2d 63, 69 (D.D.C. 2008)

Parent sought an independent functional, behavioral assessment(FBA). District failed to act upon the request in a timely fashion. First, the Court found that an FBA is an educational evaluation, thus giving rise to a parental right to an Independent Educational Evaluation(IEE). Next, the Court slapped the District by finding that

failure to act on a request for an independent evaluation is certainly not a mere procedural inadequacy; indeed, such inaction jeopardizes the whole of Congress' objectives in enacting the IDEA. See Part II C 1-2, supra. Nevertheless, even accepting defendant's assertion that plaintiff's complaint describes a procedural violation, its argument still fails. D.H. has languished for over two years with an IEP that may not be sufficiently tailored to her special needs. The intransigence of DCPS as exhibited in its failure to respond quickly to plaintiff's simple request has certainly compromised the effectiveness of the IDEA as applied to D.H., and it thereby constitutes a deprivation of FAPE. Plaintiff is accordingly entitled to full relief under the statute.