## Facts

- A.C. was a child with a disability eligible for special-education services under the Individuals with Disabilities Education Act (IDEA).
- During the IDEA planning process, A.C.’s parents disagreed with the school system’s evaluation of A.C.
- The parents obtained an independent educational evaluation (IEE) and sought reimbursement from the Jefferson County Board of Education under 34 C.F.R. § 300.502(b)(1).
- The Board refused reimbursement.
- In an administrative due-process proceeding, a hearing officer ordered the Board to reimburse the parents for the IEE.
- The parents filed suit in federal district court to enforce the administrative order; the Board counterclaimed, arguing the regulation exceeded the Secretary of Education’s authority under IDEA.
- The district court upheld the regulation and affirmed the reimbursement order; the Board appealed.

## Issues

1. Whether 34 C.F.R. § 300.502(b)(1), requiring an IEE at public expense when parents disagree with a public-agency evaluation, exceeds the Secretary of Education’s rulemaking authority under IDEA.
2. If the regulation is valid, whether the Board must reimburse A.C.’s parents for the IEE they obtained.

## Decision

- The Eleventh Circuit affirmed the district court.
- The court held that 34 C.F.R. § 300.502(b)(1) is a valid exercise of the Secretary’s authority under IDEA.
- Because the regulation is valid, the Board was required to reimburse the parents for the IEE.

## Legal Principles

- An IDEA regulation is within delegated authority if it is reasonably related to IDEA’s purposes, including providing a free appropriate public education at public expense and protecting the rights of children with disabilities and their parents.
- IDEA’s structure relies on informed parental participation in the development of the individualized education program; an IEE at public expense when parents dispute the agency’s evaluation reasonably supports that participation.
- Where IDEA is silent or ambiguous on a mechanism and the agency has delegated authority, courts defer to the agency’s reasonable interpretation that does not conflict with statutory limits.

## Conclusion

The Eleventh Circuit sustained the federal regulation granting parents a right to an independent educational evaluation at public expense when they disagree with a school evaluation and affirmed an order requiring the local educational agency to reimburse the parents for the IEE.


Phillip C. v. Jefferson Cnty. Bd. of Educ., 701 F.3d 691 (11th Cir. 2012)