Legal Files Archives

Independent Evaluators and Consultants
By Phil Stinson, Esq.

Parents often tell me that they feel "out gunned" at IEP meetings regarding their special child. It can be an undaunting experience for a parent to sit across the table from ten or twelve educators. As such, I often recommend to parents that they seek the consulting services of an independent psychologist (certified school psychologist/licensed psychologist) for the purpose of developing or revising an IEP. The services of a consulting independent school psychologist are most valuable when a child is approaching a planned transition to a new school placement or program, or when a parent does not believe that a free appropriate public education has been provided for their child.

In selecting an independent school psychologist, a parent should consider the experience, training, and professional certification of the psychologist. Most important, however, is the parents’ comfort level with the psychologist. Prior to engaging the services of an independent psychologist, a parent should meet with the psychologist for an initial consultation. You should not bring your child to this initial meeting, because the psychologist may wish to later observe your child in their educational setting. Classroom observation of the child is most beneficial when the child does not recognize the person, and if the child is unaware that the person is there to observe him or her. At the initial consultation, the parents should inquire about the certification and experience of the psychologist. Ask to see their curriculum vitae (resume). Be sure that the psychologist is certified in your state as a school psychologist (if there is such a certification in your state). There are many educational consultants that offer valuable services to parents but lack the professional certification that would be required if the consultant were ever to need to testify on your behalf at a due process hearing. In addition to inquiring about professional certification and licensure, be sure to inquire about areas of professional interest. An independent psychologist with an expertise in behavioral issues relating to autism, for example, may not also be an expert in learning disabilities.

In the initial consultation, the independent school psychologist will listen to the current issues of concern to the parents, and will review previous evaluations. Quite often, the independent school psychologist can offer guidance on placement and program options, and explain the various procedures and terminology that often baffle parents. The psychologist may recommend certain testing assessments and evaluations, and may wish to observe your child in the current educational placement. Following any recommended assessments, evaluations, and observations that are undertaken, the independent psychologist may draft a psychoeducational evaluation report. This document may also be referred to by your child’s school district as an independent educational evaluation ("IEE"). If you don’t agree with the independent psychologist’s evaluation report, be sure to voice your concerns to the psychologist. Often, a psychologist will either be able to explain their rationale to the parents’ satisfaction, or will modify or amend their recommendations.

Once armed with the independent school psychologist’s psychoeducational evaluation report, it should be presented to the school district. The school may wish to supplement the report with testing, evaluations, assessments, or observations of their own in an effort to substantiate the independent evaluator’s recommendations. Parents should not interfere with the school district’s desire to test the child, unless the additional evaluations are duplicative or recent assessments performed on the child, or unless the proposed evaluations are deemed by your independent school psychologist as unnecessary or improper. Then, an IEP team meeting should be convened. The independent school psychologist should be present with the parents at that meeting. It is imperative that the independent school psychologist attend the meeting to defend their recommendations, and to serve as an advocate for the child and parents. Parents should not engage the services of any consultant who refuses or declines to attend IEP meetings, and due process hearings, if needed. Through the IEP process, each of the educationally relevant recommendations of the independent school psychologist should be considered by the IEP team and incorporated into the IEP. If the school district refuses to implement any of the educationally relevant recommendations, parents should consider proceeding to a due process hearing or mediation.

If parents question whether an IEP is being implemented, or whether a child is making meaningful educational progress on IEP goals, parents should consider requesting that IEP meetings occur in frequent intervals - every several months - with your independent school psychologist present at each team meeting. Only through regular, persistent, and accurate monitoring can a parent be sure that a child’s IEP is being implemented by the school.

Federal law requires that pubic educational agencies pay the cost of independent educational evaluations in certain situations. Many public educational agencies erroneously think that the school can pick the independent evaluator. To the contrary, the school should allow the evaluator of the parents’ choice, so long as the evaluator proposed by the parents possesses the same professional qualifications as the school district’s own evaluator. If the school district declines to pay for the independent evaluation, or places conditions or restrictions deemed to be inappropriate by the parent, the school district must proceed to a due process hearing to defend their refusal to pay.

In sum, the use of an independent school psychologist can be a powerful weapon in a parent arsenal, and can help to level the disparity in decision-making processes.

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Phil Stinson, Esq. is a senior partner at Stinson Law Associates, P.C., a Philadelphia-based law firm dedicated to representing parents of children with special needs in federal courts throughout the country, is Director of the Special Education Law Clinic in Chester, Pennsylvania, is President and General Counsel of the Center for Education Rights (http://www.edrights.org) and is the editor of SpecialEdLaw.net, a multidisciplinary Internet resource portal (http://www.specialedlaw.net). Parents of children with special needs may contact Phil Stinson by e-mail at stinson@specialchild.com.

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