INDEPENDENT EDUCATIONAL EVALUATION

An IEE is an evaluation conducted by a qualified evaluator who is not an employee of your school division. You have the right to ask for an IEE at public expense (i.e., at no cost to you) when you disagree with the results of an evaluation conducted by the school. This could be an evaluation or reevaluation for special education services or an evaluation for a specific service or support, for example, technology supports or speech therapy. You can ask for only one IEE for every evaluation with which you disagree. Asking for an IEE is like asking for a 2nd opinion from a doctor or other professional. You should consider requesting an IEE when the results or analysis of the school’s evaluation do not seem correct, or if the school has decided not to conduct an evaluation you think your child needs.

1. General. (34 CFR 300.502(a))

   a. The parent of a child with a disability shall have the right to obtain an independent educational evaluation of the child.

   b. The local educational agency shall provide to the parent of a child with a disability, upon request for an independent educational evaluation, information about where an independent educational evaluation may be obtained and the applicable criteria for independent educational evaluations.

2. Parental right to evaluation at public expense. (34 CFR 300.502(b) and (e))

   a. The parent has the right to an independent educational evaluation at public expense if the parent disagrees with an evaluation obtained by the local educational agency.

   b. If the parent requests an independent educational evaluation at public expense, the local educational agency shall, without unnecessary delay, either:

   (1) Initiate a due process hearing to show that its evaluation is appropriate; or

   (2) Ensure that an independent educational evaluation is provided at public expense, unless the local educational agency demonstrates in a due process hearing that the evaluation obtained by the parent does not meet the local educational agency's criteria.

   c. If the local educational agency initiates a due process hearing and the final decision is that the local educational agency's evaluation is appropriate, the parent still has the right to an independent educational evaluation, but not at public expense.

   d. If the parent requests an independent educational evaluation, the local educational agency may ask the reasons for the parent's objection to the public evaluation. However, the explanation by the parent may not be required and the local educational agency may not unreasonably delay either providing the independent educational evaluation at public expense or initiating a due process hearing to defend the public evaluation.

   e. A parent is entitled to only one independent educational evaluation at public expense each time the public educational agency conducts an evaluation with which the parent disagrees.

   f. If an independent educational evaluation is at public expense, the criteria under which the evaluation is obtained, including the location of the evaluation and the qualifications of the examiner, shall be the same as the criteria that the local educational agency uses when it initiates an evaluation, to the extent those criteria are consistent with the parent's right to an independent educational evaluation. Except for the criteria, a local educational agency may not impose conditions or timelines related to obtaining an independent educational evaluation at public expense.