Independent educational evaluations (IEEs)

If you disagree with an evaluation the school did, you can ask for an independent educational evaluation (IEE): one done by a qualified examiner who doesn't work for the school. In many cases the school must pay for it.

Your right to an IEE at public expense

It follows a disagreement. You can request an IEE at public expense if you disagree with an evaluation the school conducted.
The school has two choices. Without unnecessary delay, it must either pay for the IEE or file for a due process hearing to show its own evaluation was appropriate.
You don't have to explain. The school may ask why you disagree, but it can't require an explanation or use the question to delay.
One per evaluation. You're entitled to one IEE at public expense each time the school conducts an evaluation you disagree with.
The school's criteria apply. The evaluator must meet the same criteria (such as qualifications and location) the school uses for its own evaluations. When you ask, the school must tell you where an IEE can be obtained and what its criteria are.

What happens with the results

If the IEE meets the school's criteria, the IEP team must consider the results when making decisions about your child. "Consider" doesn't mean the team must adopt every recommendation, but it can't ignore them. This is also true of an evaluation you pay for yourself. A hearing officer can also order an IEE at public expense during a due process hearing.

How to request one

Put your request in writing. For example:

"I disagree with the [type of evaluation] evaluation of my child, [child's name], completed on [date]. Under 34 CFR 300.502, I am requesting an independent educational evaluation at public expense. Please send me information about where an IEE may be obtained and the district's criteria for independent evaluations."

If the school refuses to pay without filing for due process, ask for that decision in writing through prior written notice, and contact your state's Parent Training and Information Center for help.

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Sources

This guide is general educational information about federal law, not legal advice. Your state may add its own rules and timelines. For help with your situation, contact your state's Parent Training and Information Center or a special education attorney.