How To Request Bay Area Independent Educational Evaluation

By Catherine Barnes


If a parent is upset with an assessment related to a special needs child, there are several things which can be done. In one case, the parent has a right to request a Bay Area Independent Educational Evaluation. Whether enrolled in a special needs program or being denied admission, this evaluation can often be beneficial.

There are some administrators and teachers whom may be hesitant of provide an evaluation. Regardless, parents have the legal right to request and receive an assessment upon request. In fact, in many states, including California it is a state law, especially when it comes to special needs students. It is also important to note, failure of parents to answer questions is never a valid reason for the board or district to delay a response.

When filing a complaint, there are several steps which must be taken in order to do so. For example, parents must send a letter to the school board noting the reason for the request. While the board may respond with questions, parents have the right to withhold answers until the time of a hearing.

When filing a request for an evaluation, it is important to do so in writing while keeping copies of all correspondence. Though not required, it is also suggested that sending a copy to the special education department can often help expedite proceedings.

The second, and often most frustrating step is to wait for a reply. In most cases, this can take anywhere from a few to several weeks. While some states provide timelines with regards to a decision and reply, California no any federal agency has any such timeline. Rather, the law in California merely states that a response is required from the district in a reasonable amount of time and without delay.

Most states which have guidelines require a reply within thirty days from receipt of the complaint. Whereas, a California court has recently heard and ruled in which it was determined that a reasonable amount of time is up to 3 months. While this is the case in California, the reply is only regarding a hearing while other states must record a decision when making a reply.

California school districts and the state both recommend waiting a period of up to 3 months before filing a complaint regarding a reply. In most cases, this is now considered to be 15 school days as that is the same time a school takes when filing an assessment on behalf of the school. Whatever the case, it is important to never take no for answer if one can provide proof as to why an assessment is unacceptable.

In almost all cases, a timeline for obtaining a reply can vary depending on different scenarios and situations. For example, in many cases, it can be related to the size of the school and the number of special needs students enrolled at the time. In others, local and state guidelines could be a considerations. While this is the case, it is possible when filing the request to ask a school administrator what the average time for a reply is based on past requests.




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