Milford 25-0409

Complaint Summary

Date Findings Report Sent:

May 9, 2025

Case Number:

25-0409

Grade Level:

Elementary

Person filing complaint:

Parent

School District:

Milford Public Schools (single student)

Allegation(s):

  • The Parent alleged that they requested an IEE at public expense and that as of the date of this complaint, the District has not filed for a due process hearing to defend its evaluation or ensured that the evaluation was provided at no cost to the Parent.
  • 34 CFR § 300.502 and RCSA § 10-76d-9(c) provide that a parent may have a right to a publicly funded IEE if the parent disagrees with a district evaluation. When a parent requests an IEE, the district must, without unnecessary delay, file for a due process hearing to defend its evaluation or ensure that the evaluation is provided at no cost to the parent.

Conclusion(s):

  • 34 CFR § 300.502 and RCSA § 10-76d-9(c) provide that a parent may have a right to a publicly funded IEE if the parent disagrees with a district evaluation. When a parent requests an IEE, the district must, without unnecessary delay, file for a due process hearing to defend its evaluation or ensure that the evaluation is provided at no cost to the parent. The regulations do not require a parent to provide the District with prior notification of the parent’s intent to obtain an IEE at public expense as a precondition for public payment of an IEE. The parent is entitled to only one IEE at public expense each time the agency conducts an evaluation with which the parent disagrees. In this case, the Parent did not have a right to an IEE at public expense, and therefore, no violation was found.

Corrective Action(s):

  • No corrective actions were ordered.