BSEA #09-3926 Attleboro Public Schools

Raymond Oliver, Hearing Officer

Sole issue was if the district had to pay for an independent evaluation (IE) for a child who received free or reduced price lunch or whose parents were below 400% of poverty.  The HO determined that Massachusetts law gives such parents the right to a publicly funded IE even if they do not state that they disagree with the school's evaluation.  Massachusetts law prevails in this situation - MGL c.71B s.3 and 603 CMR 28.04(5) grant parent additional protections not found in the federal law or regulations.