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About Millville, DE
Millville is a part of the Sussex County region/metro area of Delaware. As of the 2000 census, the town had a population of 259 and it has a land area of 0.5 square miles. Millville was incorporated in 1906 and was often known as the most important town of the Baltimore Hundred. Businesses in Millville include Marti Weis Reality, Seasonal Solutions, Inc., Mc Allister & Son Custom Tile, Edgewater Beach Shop, Sussex Family Practice Inc, and a branch of U-Haul Co.
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Independent Educational Evaluations (IEE) for School-Age Children
Legal Rights A parent's right to request an Independent Educational Evaluation (IEE) is one of the strongest rights in Federal and State education law and it is highly recommended that a parent ask for and receive approval by the school district for an IEE before requesting an educational due process hearing. If a parent requests that the school district pay for an Independent Educational Evaluation (IEE), there are two and only two answers that are legal under state and federal statutes: "No. We think our evaluation is appropriate".In that case, the school district must file for a due process hearing and prove that its evaluation is appropriate and that the parent's request for an IEE is unwarranted."Yes. We'd be happy to pay for an IEE. Will you be picking the person to do the evaluation on your own or do you need an all-inclusive list of every possible qualified evaluator?" If the school district says it will pay for the IEE but wants the parent to pick from a list of evaluators it has approved,all qualified examiners in the geographic location must be included on the list. The Office for Special Education (OSEP) addressed this 34 CFR 300.502(a) (2) requirement in"Letter to Young"in 2003: ...there is nothing in the regulations prohibiting a Local Educational Agency (LEA) from providing parents with a list of qualified examiners. If, however, the LEA wants to limit parents to using the examiners on the district's list,the list must be exhaustive... Also, the LEA must include in its policy that parents have the opportunity to demonstrate that unique circumstances may justify the selection of an IEE examiner who does not meet the LEA's qualification criteria and are not on the LEA's list of examiners".Public Law 94-142was passed by the United States Federal Government in 1975 and established the legal rights, protections and procedural safeguards for school age children with disabilities and their parents. With the passage ofPublic Law 94-142parents were granted the right to obtain an Independent Educational Evaluation (IEE) at school district expense if theydisagreed with the evaluation completed by the public agency. This right has been preserved in United States federal law for more than 30 years.Public Law 94-142and its subparts were later incorporated into theIndividuals with Disabilities Education Act of 1990 (IDEA)and the right of parents to obtain an Independent Educational Evaluation (IEE) was included under 34 CFR 300.503 along with other procedural safeguards. Of special significance is part (b) of 300.503 which states the following:"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. However, the public agency may initiate a hearing under Regulation 300.506 of the subpart to show that its evaluation is appropriate. If the final decision is that the evaluation is appropriate, the parent still has the right to obtain an Independent Educational Evaluation but not at public expense."During the mid-1980's Texas published regulations that required parents who wished to obtain an IEE to permit districts 30 days to cure defects in a local school districts' evaluation. However, the United States Office of Special Education Programs (OSEP) instructed Texas to discontinue this practice because it represented a fundamental violation of Federal law (Gray, October 5, 1998, 213: 183).In further correspondence OSEP reiterated that parents could not be denied payment for an IEE because they failed to provide a district with prior notice of their intent to seek an independent educational evaluation (Kirby, May 4, 1989, 213: 233; Fields, September 15, 1989, 213: 259; Thorne, February 5, 1990, 16 EHLR 606).When Congressmen Wilson and Bartlett (October 17, 1989, 16 EHLR 83; December 20, 1989, 16 EHLR 292, respectively) expressed concern about the costs involved to complete Independent Educational Evaluations (IEE's), OSEP responded in part by stating the following:"The Department of Education is prohibited by 20 USC 1407(b) from lessening procedurally or substantively procedural safeguards, absent an act of Congress (Gramm, October 25, 1990, 17 EHLR 216)Early in the 1990's Texas did not include any procedural safeguards pertaining to IEE's in its own regulations. Rather, the Individuals with Disabilities Education Act (IDEA), which included the Federal regulations on IEE's, was merely attached to the Texas regulations.The Appeals Court of the United States reached its conclusion in Hudson vs. Wilson (828 F. 2nd 1059; 1065, 4th Circuit, 1987) that Congress did not empower parents torequestan IEE but rather toobtainan IEE. Therefore, Texas and other states that required parents to submit their disagreements with a district's evaluation in writing were mandating parental conduct that was not specified in the Federal regulations.In 1991 the Texas Education Agency (TEA) issued a document entitledSpecial Education: Parent and Student Rights(December 1991) wherein it was implied that parents could select an independent evaluator of their choice when they assumed financial responsibility for paying the costs incurred to complete the IEE. However, if the parent wanted to obtain an IEE at public expense, than the evaluator was to be selected from the district's list of qualified professionals.OSEP, however, stated that the parent has the right to select a qualified independent evaluator (Rambo, June 22, 1990, 16 EHLR 1078) and that districts must include a list of independent evaluators that is exhaustive within a given geographic area. In a follow-up policy letter, OSEP indicated that when the district's list is notexhaustive, the parents still have the right to select their own qualified independent evaluator (Imber, August 18, 1992, 19 IDELR 352).Although Federal regulations remained unchanged, several states included modifications to the wording of the Federal guidelines and essentially changed the intent of 34 CFR 300.503(b). A review of 1992 to 1994 state regulations (Imber, 1994) revealed that Michigan, Minnesota, New Jersey, Nevada, Oregon, Rhode Island, Tennessee, Vermont and Washington all specified that parents had to submit awritten requestin order to obtain an IEE at public expense. In some cases, districts had to respond to a written request for an IEE within a specified number of calendar days. For example, in the state of Michigan school districts had to respond to a parent's request for an IEE within seven calendar days.In November of 1991, Stephen C. Imber, Ph.D., a professor in the Department of Special Education at Rhode Island College in Providence, raised concerns about Rhode Island regulations with the United States Office of Special Education Programs (OSEP). OSEP responded to those concerns on August 18, 1992 (Imber, IDLER 352) and Rhode Island then published new regulations which added the following sentence:"The school district may not deny payment for an independent educational evaluation solely because the parent did not provide prior notification of his or her intent to seek an independent educational evaluation at public expense."While states' regulations concerning the parent's right to obtain an IEE at public expense are easy to obtain and monitor, school districts' policies concerning IEE's are not. Therefore, parents have often needed to determine the restrictiveness of their local school district's lists of qualified independent evaluators. When districts provide a list of evaluators that is restrictive rather than exhaustive, districts should include a statement within their guidelines that asserts the parents' right to selectany qualifiedindependent evaluator of their choice.Independent EvaluationsIndividuals with Disabilities Education Act of 1997Section 300.502General.The parents of a child with a disability have the right under this part to obtain an independent educational evaluation of the child, subject to paragraphs (b) through (e) of this section.Each public agency shall provide to parents, upon request for an independent educational evaluation, information about where an independent educational evaluation may be obtained, and the agency criteria applicable for independent educational evaluations as set forth in paragraph (e) of this section.For the purposes of this part-Independent educational evaluationmeans an evaluation conducted by a qualified examiner who is not employed by the public agency responsible for the education of the child in question; andPublic expensemeans that the public agency either pays for the full cost of the evaluation or ensures that the evaluation is otherwise provided at no cost to the parent, consistent with ยง300.301.Parent right to evaluation at public expense.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.If a parent requests an independent educational evaluation at public expense, the public agency must, without unnecessary delay, either-Initiate a hearing under ยง300.507 to show that its evaluation is appropriate; orEnsure that an independent educational evaluation is provided at public expense, unless the agency demonstrates in a hearing under ยง300.507 that the evaluation obtained by the parent did not meet agency criteria.If the public agency initiates a hearing and the final decision is that the agency's evaluation is appropriate, the parent still has the right to an independent educational evaluation, but not at public expense.If a parent requests an independent educational evaluation, the public agency may ask for the parent's reason why he or she objects to the public evaluation. However, the explanation by the parent may not be required and the public agency may not unreasonably delay either providing the independent educational evaluation at public expense or initiating a due process hearing to defend the public evaluation.Parent-initiated evaluations. If the parent obtains an independent educational evaluation at private expense, the results of the evaluation-Must be considered by the public agency, if it meets agency criteria, in any decision made with respect to the provision of FAPE to the child; andMay be presented as evidence at a hearing under this subpart regarding that child.Requests for evaluations by hearing officers. If a hearing officer requests an independent educational evaluation as part of a hearing, the cost of the evaluation must be at public expense.Agency criteria.If an independent educational evaluation 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 public agency uses when it initiates an evaluation, to the extent those criteria are consistent with the parent's right to an independent educational evaluation.Except for the criteria described in paragraph (e)(1) of this section, a public agency may not impose conditions or timelines related to obtaining an independent educational evaluation at public expense.(Authority: 20 U.S.C. 1415(b)(1))
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