Independent Educational Evaluation (IEE)

A school district is allowed to set reasonable criteria for IEEs. These are rules about the cost, the evaluator's qualifications, and the geographic location. However, these criteria must be the same as the criteria the district uses for its own evaluators. For example, they cannot require an independent evaluator to have a higher license or more experience than their own staff.

The district cannot set rules that are so restrictive they prevent you from finding a qualified evaluator. You must be given an opportunity to show that a unique situation requires an evaluator who doesn't meet the standard criteria, for example, if no one local has the specific expertise to evaluate your child's rare condition. The school must provide you a copy of its criteria upon request.

Under the Individuals with Disabilities Education Act (IDEA), you have the right to request one IEE at public expense (paid for by the school district) each time the school conducts an evaluation of your child with which you disagree. You are not required to explain your reasons for disagreeing.

When you request an IEE, the school district must provide you with information about where an IEE can be obtained and the district's criteria for IEEs. These criteria should be the same as those the district uses for its own evaluations. You also have the right to get an IEE at your own expense at any time. If you do, the school's IEP team must still consider the results of your private evaluation when making decisions about your child's education, as per 34 CFR 300.502.

This information is a summary of your procedural safeguards and is not legal advice. For specific questions, contact your state's Parent Training and Information Center (PTI).

The best way to request an IEE is to put it in writing. A clear, dated letter or email creates a record of your request. Your request should be simple and direct. Address it to the school's Special Education Director or a similar administrator.

In your request, state that you disagree with the school's recent evaluation and are exercising your right to an Independent Educational Evaluation at public expense, as provided by IDEA. You do not have to specify the details of your disagreement. Simply stating that you disagree is enough to start the process. Be sure to include information about the specific evaluations in question and keep a copy of the letter for your personal records.

Once you make a written request, the school district must respond without unnecessary delay. They have only two options:

1. Agree to pay for the IEE. They will approve your request and provide you with their criteria and procedures for getting the evaluation done and reimbursed.

2. File for a due process hearing. If the district believes its own evaluation was appropriate, they can try to prove it. To do this, they must file a formal complaint and take the issue before an impartial hearing officer. They cannot simply deny your request.

This is a critical point: the school district cannot ignore your request or say no without taking formal legal action to defend their own evaluation. While exact timelines can vary, parents should act promptly and follow up if no response is received within a reasonable period, such as a few weeks.

If the school files for a due process hearing to deny your IEE request, it means a neutral third party (a hearing officer) will listen to both sides. The school will present evidence to show its evaluation was appropriate, and you will have the chance to explain why you believe it was not.

If the hearing officer decides in your favor, the school district must pay for the IEE. If the hearing officer agrees with the school, you still have the right to obtain an IEE, but it would be at your own expense. The IEP team must still consider the results of any evaluation you obtain privately.