By guest blogger Mark Walsh
A federal appeals court has upheld a longtime U.S. Department of Education regulation requiring school districts, under certain circumstances, to reimburse parents for independent educational evaluations of their children with disabilities.
A three-judge panel of the U.S. Court of Appeals for the 11th Circuit, in Atlanta, ruled unanimously to uphold the regulation promulgated under the Individuals with Disabilities Education Act, the main federal special education law. The rule requires districts or other public agencies to pay for independent evaluations when parents disagree with the public agency's initial assessment of their child.
The regulation has been in place in various forms since 1977, two years after the passage of the precursor to the IDEA.
