to defend the school obtaining an IEE at public expense. district’s evaluation of your child. Audio Recording of Individual You are entitled to only one IEE of your Education Program Meeting child at public expense each time your MS Code Section 37-23-137 school district conducts an evaluation of your child with which you disagree. The parent or guardian, or the local educational agency (LEA), has the right Parent-initiated evaluations to participate in the development of the If you obtain an IEE of your child at IEP and to initiate their intent to audio public expense or you share with the record the proceedings of the school district an evaluation of your individualized education program (IEP) child that you obtained at private meetings. The parent or guardian or expense: local educational agency shall notify the Your school district must members of the IEP team of their intent consider the results of the to record a meeting at least twenty-four evaluation of your child, if it (24) hours prior to the meeting. meets the school criteria district’s for IEEs, in any decision made Confidentiality of Information with respect to the provision of FAPE to your child; and Definitions You or your school district may §300.611 present the evaluation as evidence at a due process hearing As used under the heading regarding your child. Confidentiality of Information: Requests for evaluations by hearing means physical destruction Destruction officers or removal of personal identifiers from If a hearing officer requests an IEE for information so that the information is no your child as part of a due process longer personally identifiable. hearing, the cost of the evaluation must means the type of be at public expense. Education records records covered under the definition of School district criteria in 34 CFR Part 99 “education records” If an IEE is at public expense, the (the regulations implementing the criteria under which the evaluation is Family Educational Rights and Privacy obtained, including the location of the Act of 1974, 20 U.S.C. 1232g evaluation and the qualifications of the [FERPA]). examiner, must be the same as the means any school Participating agency criteria that the school district uses when district, agency or institution that it initiates an evaluation (to the extent collects, maintains, or uses personally those criteria are consistent with your identifiable information, or from which right to an IEE). information is obtained, under Part B of Except for the criteria described above, a the IDEA. school district may not impose conditions or timelines related to
to defend the school district’s evaluation of your child. You are entitled to only one IEE of your child at public expense each time your school district conducts an evaluation of your child with which you disagree. Parent-initiated evaluations If you obtain an IEE of your child at public expense or you share with the school district an evaluation of your child that you obtained at private expense: Your school district must consider the results of the evaluation of your child, if it meets the school district’s criteria for IEEs, in any decision made with respect to the provision of FAPE to your child; and You or your school district may present the evaluation as evidence at a due process hearing regarding your child. Requests for evaluations by hearing officers If a hearing officer requests an IEE for your child as part of a due process hearing, the cost of the evaluation must be at public expense. School district criteria If an IEE is at public expense, the criteria under which the evaluation is obtained, including the location of the evaluation and the qualifications of the examiner, must be the same as the criteria that the school district uses when it initiates an evaluation (to the extent those criteria are consistent with your right to an IEE). Except for the criteria described above, a school district may not impose conditions or timelines related to obtaining an IEE at public expense. Audio Recording of Individual Education Program Meeting MS Code Section 37-23-137 The parent or guardian, or the local educational agency (LEA), has the right to participate in the development of the IEP and to initiate their intent to audio record the proceedings of the individualized education program (IEP) meetings. The parent or guardian or local educational agency shall notify the members of the IEP team of their intent to record a meeting at least twenty-four (24) hours prior to the meeting. Confidentiality of Information Definitions §300.611 As used under the heading Confidentiality of Information: Destruction means physical destruction or removal of personal identifiers from information so that the information is no longer personally identifiable. Education records means the type of records covered under the definition of “education records” in 34 CFR Part 99 (the regulations implementing the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. 1232g [FERPA]). Participating agency means any school district, agency or institution that collects, maintains, or uses personally identifiable information, or from which information is obtained, under Part B of the IDEA.
3947rfp.docx