NASET Q & A Corner
Questions and Answers on Independent Educational Evaluations
What is an independent educational evaluation (IEE)?
Under certain circumstances, the local education agency (LEA) is required to provide at public expense an independent educational evaluation (IEE). An IEE is defined as an evaluation conducted by a qualified examiner who is not employed by the agency responsible for the child’s education [34 C.F.R. 300.502 (a)(3)(i)].
When can parents request an independent educational evaluation at public expense?
Parents have the right to an IEE of their child at public expense if they disagree with an evaluation of their child obtained by their school district, subject to the following conditions:
1. If parents request an IEE of their child at public expense, their school district must, without unnecessary delay, either: (a) provide an IEE at public expense, or (b) file a due process hearing request to show that its evaluation of their child is appropriate; unless the school district demonstrates in a hearing that the evaluation of their child that they obtained did not meet the school district’s criteria.
2. If their school district requests a hearing and the final decision is that their school district’s evaluation of their child is appropriate, they still have the right to an IEE, but not at public expense.
3. If parents request an IEE of their child, the school district may ask why they object to the evaluation of their child obtained by their school district. However, the school district may not require an explanation and may not unreasonably delay either providing the IEE of their child at public expense or filing a due process complaint to request a due process hearing to defend the school district’s evaluation of their child.
Note: Parents are entitled to only one IEE of their child at public expense each time their school district conducts an evaluation of their child with which they disagree [34 C.F.R. 300.502 (b)].
Must school districts provide parents with information concerning where an IEE may be obtained?
Yes. IDEIA regulations require that, at the request of the parent, school districts provide parents with information concerning where an IEE may be obtained, including a list of qualified examiners [34 C.F.R. 300.502(a)(2)]
Can the school district limit the parents in their choice of an examiner for an IEE?
No. Although a school district may provide parents with a list of qualified examiners, it cannot limit the parents in their choice of an examiner listed [34 C.F.R. 300.502].
If a parent requests an IEE, does the school district have the right to ask the parent for the reasons he or she objects to the public evaluation?
Yes. If a parent requests an IEE, the school district may ask the parent for the reasons he or she objects to the public evaluation [34 C.F.R. 300.502(b)(4)].
If a parent requests an IEE, and the school district asks the parents for the reasons he or she objects to the public evaluation, is the parent required to give a reason?
No. The parent is not required to give reasons for disagreement [34 C.F.R. 300.502(b)(4)].
Whenever an IEE is made at public expense, must the school district criteria for evaluations be met?
Yes. If an IEE is at public expense, the criteria under which the evaluation is obtained, including the qualifications of the examiner, must be the same as the criteria that the school district uses when it initiates an evaluation (to the extent those criteria are consistent with the right to an independent educational evaluation). Except for the criteria described above, a school district may not impose conditions or timelines related to obtaining an IEE at public expense [34 C.F.R. 300.502(e)].
If parents disagree with the school district’s evaluation, in what ways can they proceed to obtain the IEE?
If parents disagree with the school district’s evaluation, they have three (3) ways to proceed to obtain the IEE.
- First, they may seek agreement of the school district to pay for the IEE
- Second, they may unilaterally seek an evaluation and subsequently seek reimbursement from the school district. No approval from or notice to the school district is required by parents in order to permit later reimbursement for the IEE
- Third, rather than seeking an IEE and risking success in seeking reimbursement, a parent may opt to request a due process hearing. At the hearing, the parents request that an IEE is ordered by the hearing officer (Guersney and Klare, 2008).
How many publicly funded IEE are parents entitled to for each time an LEA evaluation is conducted over which there is disagreement?
A parent is entitled to only one publicly funded IEE for each time a school district evaluation is conducted over which there is disagreement [34 C.F.R. 300.502 (a)(5)].
Can parents get an IEE at their own expense?
Yes. Parents always have the right to get an IEE at their own expense, even if a due process hearing holds that the school district’s evaluation was appropriate [34 C.F.R. 300.502(c)].
If an IEE is paid for by the parent, must it be considered by the school district in determining the child’s educational needs?
Yes. An IEE paid for by the parent must be considered by the school district in determining the child’s educational needs and may be presented at any due process hearing [34 C.F.R. 300.502 (c)].
Who is responsible for payment of an IEE when it is requested by a hearing officer?
If a hearing officer requests an independent educational evaluation as part of a hearing on a due process complaint, the cost of the evaluation must be at public expense [34 C.F.R. 300.502(d)]. Public expense means that the public agency either pays for the full cost of the evaluation or ensures that the evaluation is otherwise provided at no cost to the parent [34 C.F.R. 300.502(a)(3)(i)].
