The Online Resource for Massachusetts Poverty Law Advocates

BSEA 13-00077 Paying Above State Rate for IEE -- Newton PS

Date: 
02/06/2013
Author: 
H.O. Sara Berman

The Newton School District was ordered to pay the neuropsychologist's fee for an independent educational evaluation (IEE) above the state rate because of unique circumstances.  The descision states, "In the instant case, the record unequivocally shows that upon receipt of Parent’s IEE request of May 22, 2012, the School never informed Parent of where or how she could obtain an IEE, never informed Parent of the allowable payment rate, never informed Parent of the sliding fee scale option, and never requested a hearing to defend its own evaluation. These procedural missteps were substantial, and effectively precluded Parent from even knowing the requirements and limitations of public funding for an IEE. The record also shows that Parent did a diligent search for a qualified evaluator who would be available within a reasonable time, and also inquired about insurance coverage for an evaluation. The only qualified evaluator whom she could find who could evaluate Student before the fall of 2012 was Dr. Mercedes."

Parent was pro se.  The elementary school child had a 504 plan and parents were seeking eligibility for an IEP.


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