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Decision Number
227
Book
12
Month
March
Year
1995
In RE
Joseph S.
Appellant
Ray & Janet S.
Appellee
Clarion-Goldfield Community School District & AEA 5
Full Text
Summary

The original hearing decision dated October 18, 1994, stated the "parents are entitled to receive an independent evaluation of the child at public expense... ." The deicision ordered the District/AEA to pay for the comprehensive independent evaluation of Joseph done by the University of Iowa in January 1994. The Appellants' insurance paid most of the evaluation charges. The AEA requested clarification.

No evidence was submitted to show that the University of Iowa charges for the evaluation were not for an educational evaluation. The evidence verifies that the insurance company paid nearly all of the charges: specifically $616.50 of 71.7.00 charges; $30.240 of $36.00 charged, and $5,030.20 of $5,421.50 charged. The statement also discloses that the $100.00 deductible amount was satisfied, presumably by the individual insured.

Regulations specifically provide that an insurer is not relieved from an otherwise valid obligation to provide or to pay for services provided to a child with a disability. Most of the evaluation charges have been paid by the insurer and are, and were obviously viewed as, a valid obligation.

Mileage and meal expenses incurred by the parents in connection with the evaluation were submitted to the AEA in the amount of $769.65. The costs for meals and travel are reasonable. These expenses must be at no cost to the parents. None of these expenses were paid by insurance. The parents in this instance need not provide receipts since the order for payment is far after the time in which the expenses were incurred.

The AEA is required to reimburse the parents for the reasonable transportation and meal expenses, as submitted, in the amount of $769.65.

Direct payment to Appellants was to be made within 30 days from the date of this decision.