Mich. Admin. Code R. 340.1723c

Current through Vol. 24-18, October 15, 2024

Section 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.

Mich. Admin. Code R. 340.1723c

1980 AACS; 1987 AACS; 1994 AACS; 2002 AACS; 2008 AACS; 2018 AACS; 2024 MR 12, Eff. 6/27/2024