District Wins IEE Dispute: School Psychologist Credential Requirement Upheld

Alameda Unified School District filed for due process after Parents selected a licensed clinical psychologist (Dr. Carina Grandison) for a publicly funded independent educational evaluation, arguing she did not meet SELPA criteria requiring evaluators to be either a credentialed school psychologist or licensed educational psychologist. The ALJ ruled in the district's favor, finding that Alameda's credential criteria were lawful, consistently applied, and did not prevent Parents from obtaining an independent evaluation. Parents' request to have the district fund Dr. Grandison's evaluation was denied.

What Happened

Student was an eight-year-old third grader who had been assessed by Alameda Unified School District in December 2019. The district's credentialed school psychologist conducted a psychoeducational evaluation, and the IEP team determined Student was not eligible for special education. Parents disagreed with that evaluation and in June 2020 requested that the district fund an independent educational evaluation (IEE) — a right parents have under federal law when they disagree with the district's assessment. The district agreed to pay for an IEE, but Parents chose Dr. Carina Grandison, a licensed clinical psychologist and neuropsychologist, who did not hold the credentials required under the district's SELPA policy.

The district's SELPA (Special Education Local Plan Area) policy required that independent psychoeducational evaluators be either a credentialed school psychologist or a licensed educational psychologist — the same qualifications the district required for its own staff assessors. After several weeks of good-faith negotiations, mediation, and written exchanges failed to resolve the dispute, the district filed for due process on August 14, 2020, just two days after negotiations reached an impasse. The sole issue before ALJ Cole Dalton was whether the district properly denied funding for Dr. Grandison based on that credential requirement.

What the ALJ Found

The ALJ ruled entirely in the district's favor. The district was not found to have done anything wrong; rather, the ALJ found that its qualification criteria were lawful and properly applied.

The credential requirement was legal. Federal regulations require that criteria for IEEs — including evaluator qualifications — must be the same criteria the district uses for its own assessments. California law requires credentialed school psychologists to conduct psychological assessments of students. Because Alameda applied that same standard to outside evaluators, the policy was consistent with state and federal law.

The criteria did not block Parents from getting an IEE. The ALJ found that the densely populated Bay Area had plenty of qualified school psychologists and licensed educational psychologists available across multiple counties, so Parents were not effectively prevented from finding an independent evaluator. The district also offered Parents lists of pre-approved assessors and explicitly told them they could choose any qualified evaluator — not just those on the list — so long as the evaluator met the credential standard.

No unique circumstances justified an exception. Parents argued that Student's combination of autism and attention deficit disorder was complex enough to require a neuropsychologist like Dr. Grandison. The ALJ disagreed, finding that school psychologists and licensed educational psychologists routinely assess students with autism and attention deficit disorder and are fully qualified to do so. Dr. Grandison herself acknowledged she relied on her neuropsychology training primarily for cases involving seizures or brain injury — not the type of needs Student presented. Having more education or experience than the minimum required does not, by itself, create a right to deviate from the district's criteria.

The district acted promptly and in good faith. The ALJ also found that Alameda fulfilled all procedural requirements — providing prior written notice, offering lists of evaluators, engaging in mediation, and filing for due process within two days of the final impasse.

What Was Ordered

The student's request for district funding of an independent psychoeducational evaluation by Dr. Grandison was denied.
Alameda Unified School District prevailed on the sole issue in this case.

Why This Matters for Parents

Districts can legally require IEE evaluators to hold the same credentials as their own staff. If your district's psychologists must be credentialed school psychologists, the district can impose that same requirement on independent evaluators. Being highly qualified in a different specialty — like neuropsychology — does not automatically override this rule.
You are not limited to the district's pre-approved list, but you must meet their criteria. The law gives you the right to choose your own evaluator for a publicly funded IEE, but that evaluator must meet the district's qualification standards. Ask the district in writing for its full criteria — not just the list of names — so you know what qualifications are actually required.
To qualify for an exception, you need specific evidence of unique need. If you believe only a specialist outside the district's criteria can evaluate your child, you must demonstrate why — for example, that no qualified evaluator is available in your area, or that your child's specific condition cannot be assessed by the required type of evaluator. General arguments that a neuropsychologist is "more qualified" are not enough.
Districts must act quickly once negotiations break down. The law requires districts to either fund the IEE or file for due process without unnecessary delay. In this case, the district filed just two days after impasse — a key factor in the ALJ's ruling. If a district drags its feet for weeks or months without explanation after you request an IEE, that delay itself may be a violation worth raising.

What Happened

What the ALJ Found

The ALJ ruled entirely in the district's favor. The district was not found to have done anything wrong; rather, the ALJ found that its qualification criteria were lawful and properly applied.

What Was Ordered

The student's request for district funding of an independent psychoeducational evaluation by Dr. Grandison was denied.
Alameda Unified School District prevailed on the sole issue in this case.

Why This Matters for Parents

Districts can legally require IEE evaluators to hold the same credentials as their own staff. If your district's psychologists must be credentialed school psychologists, the district can impose that same requirement on independent evaluators. Being highly qualified in a different specialty — like neuropsychology — does not automatically override this rule.
You are not limited to the district's pre-approved list, but you must meet their criteria. The law gives you the right to choose your own evaluator for a publicly funded IEE, but that evaluator must meet the district's qualification standards. Ask the district in writing for its full criteria — not just the list of names — so you know what qualifications are actually required.
To qualify for an exception, you need specific evidence of unique need. If you believe only a specialist outside the district's criteria can evaluate your child, you must demonstrate why — for example, that no qualified evaluator is available in your area, or that your child's specific condition cannot be assessed by the required type of evaluator. General arguments that a neuropsychologist is "more qualified" are not enough.
Districts must act quickly once negotiations break down. The law requires districts to either fund the IEE or file for due process without unnecessary delay. In this case, the district filed just two days after impasse — a key factor in the ALJ's ruling. If a district drags its feet for weeks or months without explanation after you request an IEE, that delay itself may be a violation worth raising.