Reply to Cost of IEE exceeds 'reasonable & customary'

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Reply to "Cost of IEE exceeds 'reasonable & customary'"

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[quote=Anonymous]I have no personal experience with this, but.....

You might want to read pages 242-243 of this 2009 law journal article, where cost containment/limitation of reimbursement is discussed.  http://www.law.seattleu.edu/Documents/aljho/resources/ZirkelIEEArticle38JLE223.pdf

It seems, even though IDEA addresses IIEs (see http://idea.ed.gov/explore/view/p/,root,regs,300,E,300%252E502,) and says in 300.502e2 that no limitations other than what is in subsection e1 can be put on IIEs at public expense, the DoE has gone ahead and "interpreted" that to mean that school systems can limit by cost as long as "(1) said maximum allows a choice among qualified professionals in the area by targeting unreasonably excessive fees rather than being limited to the average fee customarily charged in that area; and (2) it allows exceptions for justified unique circumstances."

In your situation, I would write a letter back to the school system which says 1) why the cost limitation is artificially low and unreasonably restricts your choice of tester and 2) why your child's case is unique enough to justify an exception.  [/quote]

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