Page 17 - Special Education One Sheets

Timely Response to IEE Requests

> Respond to any IEP request without unnecessary delay.
> Unnecessary delay is a fact specific inquiry based often on steps the District takes to address the situation. Document
all steps taken.

> As a general guideline, request a due process hearing within 30 days of a request for a publicly funded IEE or within 15
days of determining an IEE conducted prior to requesting reimbursement does not meet District criteria.

• 2-month delay reasonable where district sent parents PWN stating its disagreement within 10 days of IEE request.
(Santa Monica-Malibu Unified Sch. Dist., 62 IDELR 279 (SEA CA 2013).)
• 3-month delay deemed unreasonable and a waiver of District’s right to respond to the request.
(Pajaro Valley USD v. J.S., (N.D. Cal. 12/15/06) 47 IDELR 12.)

Conducting the IEE
> District must act reasonably within its power to ensure timely completion of a publicly funded IEE.
(Student v. Dixon USD, OAH 2013090674.)

> District may not impose conditions on publicly funded IEEs not required for District evaluations (34 CFR 300.502(e)(2);
L.M. v. Capistrano Unified Sch. Dist., 50 IDELR 181 (9th Cir. 2008), cert. denied, 109 LRP 62533, 130 S. Ct. 90 (2009).)

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