The School District explained that a parent may request an independent educational evaluation only if a disagreement exists "with any assessment conducted as part of an initial evaluation or reevaluation." According to the School District, because no initial evaluation or reevaluation was conducted, an assessment disagreement was not possible and R.S. In response, the School District sent a letter denying the FBA request. In June 2014, R.S.'s mother sent a letter to the School District stating that she disagreed with the proposed changes "made by the school district without consultation with the entire IEP team which include the parents" and also requesting an independent functional behavioral assessment (FBA). was eligible for services and that no assessments were needed. In February 2014, an IEP team conducted the triennial reevaluation of R.S.'s eligibility for services. is eligible for special education and related services based on his classification as "Other Health Impaired." See N.J.A.C. We disagree and affirm the OSEP's final determination. The School District also contends that the OSEP was arbitrary and capricious in finding 34 C.F.R. 300.502 because conducting an evaluation in these circumstances would have conflicted with the requirements of N.J.A.C.6A:14-2.5(c). The School District argues that the parents were not entitled to an evaluation pursuant to 34 C.F.R. 300.502 (2016)2before agreeing to the School District's planned Individualized Education Plan (IEP). In a complaint investigation report, the OSEP concluded that the parents of R.S.,1a sixth grade special needs student, were entitled to an independent educational evaluation pursuant to 34 C.F.R. Haddon Township School District appeals from the Octofinal determination of the Department of Education's Office of Special Education Programs (OSEP). Gruber, Deputy Attorney General, on the brief).
Raksa, Assistant Attorney General, of counsel Kyle E. Hoffman, Acting Attorney General, attorney for respondent (Melissa H. 2015-21797.Ĭapehart & Scatchard, P.A., attorneys for appellant (Robert A. On appeal from New Jersey Department of Education, Office of Special Education Programs, No.
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