What's Required
A parent has the right to an Independent Educational Evaluation (IEE) at public expense if the parent disagrees with an evaluation obtained by the LEA (34 CFR 300.502(b)(1)). Public expense means that the LEA either pays for the full cost of the evaluation or ensures that the evaluation is otherwise provided at no cost to the parent consistent with the provisions of the Individuals with Disabilities Education Act (IDEA) regarding the use of IDEA Part B formula amounts in general. A parent is limited to only one IEE at public expense each time the LEA conducts an evaluation with which the parent disagrees (34 CFR 300.502.(b)(5)).
What We Do
Parents have a right to request and obtain an Independent Educational Evaluation, or IEE, if the LEA has conducted their own evaluation and the parent/guardian is in disagreement with the results. The FIE is considered by the school district in any decision made with respect to providing a free, appropriate, public education (FAPE).
While the parent has a right to obtain an IEE at his/her own expense, federal law provides a parent with the right to one IEE at public expense if the parent disagrees with the school district’s evaluation. A parent may request a publicly funded IEE for each evaluation completed by the district. When a parent notifies the district that he or she disagrees with an evaluation and requests an IEE, the district must respond within a reasonable time (typically 30 school days), either by agreeing to provide the IEE or by initiating a due process hearing to show that the school district’s FIE is appropriate.
If request for an IEE is granted, the criteria under which the evaluation is obtained, including the location of the evaluation and the qualifications of the examiner, must be the same as the criteria that the school uses when it initiates an evaluation. The school may not impose any other conditions or timelines related to obtaining an IEE.
Forms
Additional Resources
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