11th Circuit Affirms IEE as Important Part of IEP; IDEA Intended IEE to be Free
Wednesday, January 9, 2013
Posted by: Denise Marshall
Wednesday, November 21st, 2012
The 11th Circuit Order issued today affirms District Court ruling in JEFFERSON Board of Education v. Phillip and Angie C. Per Judge Barkett they rejected all of the arguments and find that the IDEA intended the IEE to be free, that it is an important part of the IEP and parent participation, that it was endorsed in 1983 as part of the regulatory process, and that even if not fair statutory construction, the regulations pass the Chevron test (the legal test for determining whether to grant deference to a government agency's interpretation of a statute which it administers).
In February of 2012 COPAA filed an Amicus brief in JEFFERSON Board of Education v. Phillip and Angie C in support of the parents, Appellees. As Amicus, COPAA's interest was to offer the Court its experience on the IEE issue including the use of publicly-funded IEEs in the provision of FAPE, aiding in the protection of the rights of children with disabilities. The IEE provides an essential balance in the parent-school relationship to ensure FAPE by permitting input from independent professionals. Jonathan Zimring, COPAA Board member, wrote COPAA's brief.
Congratulations to the family and their attorneyDeborah Mattison!