Authority: IC 20-19-2-8; IC 20-19-2-16

Affected: IC 20-19-2; IC 20-35

Sec. 7. (a) The public agency shall provide to parents, upon request for an independent educational evaluation:

1. (1) information about where an independent educational evaluation may be obtained; and
2. (2) the public agency's criteria applicable to independent educational evaluations as described in subsection (j).

"Independent educational evaluation" means an evaluation conducted by a qualified evaluator who is not employed by the public agency responsible for the student in question.

(b) A parent has the right to an independent educational evaluation at public expense if the parent disagrees with an evaluation conducted by the public agency, subject to the provisions of subsection (c). "Public expense" means that the public agency either:

1. (1) pays for the full cost of the evaluation; or
2. (2) ensures that the evaluation is otherwise provided at no cost to the parent.

(c) Upon a parent's request for an independent educational evaluation at public expense, the public agency must take one (1) of the following actions within ten (10) business days of the date of the public agency's receipt of the parent's request:

1. (1) Initiate a due process hearing to show its educational evaluation is appropriate.
2. (2) Notify the parent in writing that the independent educational evaluation will be at public expense.

(d) The public agency may ask the parent why the parent objects to the public agency's evaluation. However, the public agency may not:

1. (1) require the parent to provide an explanation; or

2. (2) unreasonably delay either:

   1. (A) providing the independent evaluation at public expense; or
   2. (B) initiating a due process hearing;
3. as a result of the parent's response or lack of response.

(e) A student's parents are entitled to only one (1) independent educational evaluation at public expense each time the public agency conducts an educational evaluation with which the parent disagrees.

(f) If the:

1. (1) public agency initiates a hearing to determine the appropriateness of its educational evaluation; and
2. (2) hearing officer determines that the evaluation conducted by the public agency is appropriate;

the parent may still seek an independent evaluation, but at the parent's expense.

(g) If the parent obtains an independent evaluation at public expense or shares with the public agency an independent educational evaluation obtained at the parent's expense, the results of the evaluation:

1. (1) must be considered by the public agency, if it meets the public agency's criteria, in any decision made with respect to the provision of a free appropriate public education to the student; and
2. (2) may be presented by any party as evidence at a due process hearing regarding the student.

(h) In a due process hearing under 511 IAC 7-45-3 through 511 IAC 7-45-8 on the issue of the public agency's reimbursement of the parent's expense for an independent educational evaluation, an independent hearing officer must not order reimbursement for the evaluation if the hearing officer determines that the evaluation obtained by the parent did not meet the public agency's criteria.

(i) If an independent hearing officer requests an independent educational evaluation as part of a due process hearing, the cost of the evaluation must be at public expense.

(j) If an independent educational evaluation is at public expense, the criteria under which the evaluation is obtained, including the:

1. (1) location of the evaluation; and
2. (2) qualifications of the evaluator;

must be the same as the public agency uses when it initiates an educational evaluation, to the extent those criteria are consistent with the parent's right to an independent educational evaluation.

(k) Except for the criteria described in subsection (j), the public agency may not impose conditions or timelines related to obtaining an independent educational evaluation at public expense.

(Indiana State Board of Education; 511 IAC 7-40-7; filed Jul 14, 2008, 1:24 p.m.: 20080813-IR-511080112FRA; readopted filed Nov 6, 2014, 3:23 p.m.: 20141203-IR-511140382RFA; readopted filed Dec 1, 2020, 1:48 p.m.: 20201230-IR-511200548RFA; filed Mar 4, 2024, 10:02 a.m.: 20240403-IR-511230504FRA)