Mich. Admin. Code R. 340.1723c - Right to independent educational evaluation
Rule 23c.
(1) Each
public agency shall provide parents with information about independent
educational evaluations at public expense. The information must include all of
the following:
(a) Criteria regarding
credentials for qualified examiners.
(b) Suggested sources and
locations.
(c) Procedures for
reimbursement.
(d) Reasonable
expected costs.
(e) Notification
that the parent is not restricted to choosing from sources suggested by the
public agency.
(2) A
parent has the right to an independent educational evaluation at public expense
if the parent disagrees with an evaluation obtained by the public agency. A
parent is entitled to only 1 independent educational evaluation at public
expense each time the public agency conducts an evaluation with which the
parent disagrees.
(3) When a parent
requests an independent educational evaluation at public expense, the public
agency shall, without unnecessary delay, either provide an independent
educational evaluation at public expense or initiate a hearing under R
340.1724f to show that its evaluation is appropriate.
(4) The public agency shall respond with
written notice consistent with
34 CFR
300.503 to a request for an independent
educational evaluation under this rule within 7 calendar days of its receipt by
indicating the public agency's intention to honor the request or initiate the
hearing procedure under R 340.1724f. If there is a hearing under R 340.1724f
and the hearing officer determines that the evaluation is appropriate, the
parent retains the right to an independent educational evaluation, but not at
public expense.
(5) The public
agency shall disclose to the parent, before evaluation, whether the examiner
who was contracted to provide an independent educational evaluation provides
services to the public agency that are in addition to the independent
educational evaluation.
(6) Unless
agreeable to the parent, an examiner who regularly contracts with the public
agency to provide services shall not conduct an independent educational
evaluation.
Notes
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