Hi Brice:

We are in WA state. After much fighting including our school district filing Due Process against us to prevent an IEE by the provider we requested (we won on a Motion for Summary Judgement) we have the evaluation report in hand.

It is awful. I can't figure out why the school district objected to this practitioner. The report reads as if it was written by the district itself. The things my kid can do at age/grade level are dismissed as "splinter skills." Otherwise he is to blame for his failure to learn - that is when his parents are not at fault(!) True, the report does note that he has failed to meet some of his goals but this failure is attributed to the school having too many goals for him(!)

The report has few suggestions on alternatives to the way the school is attempting to educate my kid. It also fails to answer the questions we posed when we requested this IEE in the first place.

Help! I know it is thought to be inappropriate to criticize the practitioner we demanded but where do we go from here? The evaluator has already turned down our request for copies of the directions given to her by the school district prior to conducting this evaluation, saying: "The only written documents are my contracts and legal arrangement. No other notes available."

I made this request because I smell a rat. The report sounds so much like a repetition of the school district's position on various points of contention over the last year that I can't help but wonder what went on.

Are we entitled to copies of her notes from conversations related to this IEE? Would citing HIPPA permit us to obtain additional documents? (This practitioner is a neuropsychologist.) What about going directly to the school district and asking for copies of their conversations with the neuropsychologist under FERPA? Just because the documents she references are "contracts and legal arrangement" does that mean we are not entitled to copies? Are they somehow covered as "privileged" attorney-client papers?

Does the fact that the IEE fails to address the questions we posted when we requested it allow us to demand a new IEE?

Also, once an ALJ renders a decision do we have any recourse under the umbrella of the original Due Process proceedings or would any further action (such as attempts to figure out how the school district may have influenced the IEE) be the subject of a new Due Process action?