District not required to pay for special education evaluation by unapproved evaluator

A student qualified for special education services for autism, a speech impairment and “other health impairment.” The student demonstrated difficulty in reading, especially reading fluency. The district conducted a number of assessments, but the parent disagreed with the results of the evaluation and requested an independent educational evaluation. The district agreed and sent a letter to the parent, setting out assessment guidelines and identifying individuals the district deemed to be qualified to perform the evaluation. In the letter, the parent was informed that if an evaluator not on the list was selected, the proposed evaluator’s credentials must be presented to the district for approval.

The parent selected an evaluator not on the list, and the district denied approval because the person selected was not a licensed specialist in school psychology, a certified educational diagnostician or a reading specialist. The parent and district were unable to agree on an evaluator and the parent requested a due process hearing,

At the hearing, the parent requested to select the independent evaluator, even if the person selected did not have the precise credentials required by the district. The hearing examiner found that the district was not required to fund the independent evaluation if it was performed by a person who did not fit the district’s licensure and certification requirements. The district could require that the independent evaluator meet specified criteria such as cost to perform the evaluation, location of the evaluation and specifications (such as licensure and experience) of the examiner.