Nt1310 Unit 3 Case Study

Janet:

You asked me to conduct some legal research on the questions posed by Brian Malechuk from Katy ISD regarding IEE cost and protocols. My findings and recommendations are below.

Can Katy ISD mandate that their IEE providers provide Katy ISD with the protocols utilized during the IEE process?

Short Answer: For the most part, yes.

Findings:

In order to properly address Katy ISD’s question we must first establish what is a test protocol.

OSEP has found that protocols of a test can include items such as standardized scoring forms, instruction sheets, information about the test, a set of rules for taking the test which are generally protected by copyright laws. OSEP also recognizes that protocols can include the evaluator’s observations about

Texas Special Education Hearing Officer, Steven R. Aleman found that an LEA who permitted a test booklet to be destroyed violated the IDEA which required the protocol containing personally identifiable information. Student v. McKinney Independent School District; 062-SE-1009; 110 LRP 30531. SEHO Aleman found “without the test protocols, the parents’ ability to participate in the process by exploring the accuracy of the District’s reevaluation and weighing options central to the direction of the educational program are significantly impeded.” The SEHO went on to state “This Hearing Officer finds that the lack of test protocols undermines the credibility of the Petitioner/Counter Respondent’s reevaluation in light of the testimony by the Respondent/Counter Petitioner’s expert that had they been available, they would have been examined…Respondent, therefore, violated the IDEA regulations requiring that information obtained from all evaluation sources be documented.” (A highlighted copy of Student v. McKinney Independent School District is attached for your