What is an Independent Educational Evaluation (IEE)?

You can ask for an independent educational evaluation, or IEE at anytime. The IEE is not that different from a school evaluation. However, someone who does not work for the school does the testing. The school does not have to follow the suggestions in the IEE, but the school must consider the IEE when deciding if a child needs special education and writing the IEP.

What if I don't agree with the school evaluation?

If you do not agree with a school evaluation, you can ask the school to pay for the IEE. For each time you disagree with the evaluation, you can only get one IEE for free. The school will tell you where you can get the testing. The school must ask for a due process hearing if they do not want to pay for an IEE. If the school does not pay for an IEE, you can also get a private IEE that you pay for. The school must also consider the private IEE.

Working with the School District - What is a case conference?

A case conference is a meeting with people from the school. The meeting is informal. Your child’s teacher and the principal will usually be there. This is a good first step when you have new concerns about your child’s evaluation or IEP.

• Write a letter to the principal.

• Ask for a “case conference.”

• Explain the problem or your concern.

• Explain what you would like to happen.

What is an administrative review?

An administrative review involves the superintendent. This is a good idea if you have already asked the teacher or principal for help. If the superintendent already knows about your problem, this may not be helpful. The superintendent has 20 days to send you a decision in writing.

• Write a letter to the superintendent.

• Date your letter.

• Ask for an “administrative review.”

• Explain the problem.

• Explain what you would like to happen.

How do I file a complaint?

The Ohio Department of Education makes sure that schools follow the law. Parents can get the Department involved by filing a complaint. This is a good idea if you have already asked the school and superintendent for help. The Department has 60 days to send you a decision in writing.

You must file a complaint in writing. Your complaint must be about special education. The problem must have happened within the last year. The Department will not help you if your problem is not about special education or happened more than one year ago.

Send your complaint to:

Assistant Director of Procedural Safeguards
Office for Exceptional Children
25 South Front Street
Columbus, OH 43215-4183

When you write your letter, remember to:

• Date your letter.

• State that you are filing a “complaint.”

• Be specific about the problems you are having.

• Explain what you would like to happen.

• Sign your letter.

Sample Letter

What is a resolution meeting?

After you file a complaint, the school must schedule a Resolution Meeting within 15 days for you and the IEP Team. You can bring an attorney. The meeting is for you to tell the school your complaint and you can work together to fix the problems so that you will not need to go to a Due Process Hearing.

Three different things could happen after the resolution meeting is scheduled:

1. If you and the school both agree to Mediation, you can go to Mediation instead of the Resolution Meeting. Mediation is explained later in this brochure; or

2. If you and the school both agree to skip the Resolution Meeting, you can go straight to the Due Process Hearing. You must put this agreement in writing. Due Process Hearings are explained later in this brochure; or

3. If you and school cannot agree to either Mediation or skipping the Resolution Meeting, you both must go to the Resolution Meeting.

What will happen at the resolution meeting?

If you and the school cannot agree to Mediation or to go straight to the Due Process Hearing, you are required to go to the Resolution Meeting and the school is required to make sure you know where and when the meeting is.

If you choose not to participate in the Resolution Meeting, the school district can dismiss your complaint or delay the meeting because you didn’t cooperate. If there is a Resolution Meeting scheduled, you should go to the meeting.

If there is no agreement between you and the school within 30 days after you file the complaint, then you can go to the Due Process Hearing. But, if you do not cooperate and do not go to the meeting, the school can ask the district to dismiss your complaint 30 days after you made the complaint.

It is a good idea to try and use the Resolution Meeting to work with the school to fix the problem. Make sure the school understands the problems your child is having and what you are upset about. If you agree about how to fix the problem, put the agreement in writing.

What is mediation?

You and the school can resolve problems without going to a due process hearing by using mediation. A person who does not work for the school district helps you and the school reach an agreement. The person is called a mediator. The Ohio Department of Education provides mediators for special education problems.

Do I have to go to mediation?

Mediation is voluntary. You do not have to go if you do not want to go. You must write down any agreements.

Prepare yourself for the mediation.

• Think about the problems you and the school are having.

• Make notes about what you think is wrong.

• Write down what you think will fix the problem.

• These notes will remind you what to tell the mediator.

Do I need an attorney to go with me to mediation?

No, you do not need an attorney to go to mediation. You can have an attorney if you want one. You should try to find an attorney if the school is bringing their attorney.

What is a Due Process Hearing?

Due process hearings are like trials. You and the school can present evidence. You can call witnesses. A third person will decide who is right. The third person is called a hearing officer. The hearing officer must send you a written decision within 45 days of the request for a hearing.

You can ask for a due process hearing anytime that you disagree with a school decision about your child’s education. Look at the examples on the next page.

Also, when you ask for a due process hearing, the school must give you a list of the rights you will have at the hearing.

• The school will not do an evaluation.

• The school decides your child does not need special education.

• The school will not include something in the IEP that you think your child needs.

• The school is not following the IEP.

• The school will not write a behavior plan.

• The school suspends or expels your child for behavior caused by his disability.

You do not have to go to a case conference, administrative review, complaint, or mediation before asking for due process. However, your child may go to the same school until he is 18 years old. It is usually best to work out problems with the school without going to a due process hearing.

If you feel you need a due process hearing, try to get an attorney first. The school will have an attorney. An attorney can help you prepare for a due process hearing. An attorney can help argue your side to the hearing officer.

What if I don't agree with the hearing officer's decision?

If you do not agree with the hearing officer’s decision, you can appeal. You must appeal within 45 days of the hearing officer’s decision. You will receive the name of the state level review officer assigned to your appeal. The review officer must send you a written decision within 30 days of the request to appeal. If you do not already have an attorney, you should get one.
Send your letter to request an appeal to:

State Board of Education
Ohio Department of Education Building
25 South Front Street
Columbus, OH 43215

You can appeal to a state or federal court. You must appeal within 45 days of the state level review officer’s decision. If you want to appeal to court, you should talk to an attorney. An attorney can tell you if it is worth your time and money to go to court.

Contact any one of the following organizations for assistance:

• Your Local Legal Aid Office or call 1-866-LAW-OHIO (529-6446)

• Ohio Legal Rights Service (OLRS)or call 1-800-282-9181

• Ohio Coalition for the Education of Children with Disabilities (OCECD) or call 1-800-374-2806

• Parent Mentors - Ask your school district if they have one.

• Private Attorneys - Ask your local Legal Aid office or check your local yellow pages.