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 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.

Court supports parent right to independent functional behavioral assessment(FBA)

The district argued that the FBA was not an educational evaluation and therefore, the parent had no right to an independent evaluation(IEE). In Harris v. District of Columbia decided June 23, 2008, the Court found otherwise and additionally held that the district’s failure to perform an FBA for over 2 years was sufficient to confer upon the parent the right to an IEE.