Independent Educational Evaluations

Independent Educational Evaluations (IEE)

Independent Educational Evaluations (IEE)

Independent Educational Evaluations – Pursuant to §300.502 of the IDEA Parents with a child with a disability have the right to request an independent evaluation from their child’s school district.

When you request an IEE your school district must tell you where an IEE may be obtained, and the agency criteria applicable for independent educational evaluations

The “independent” part of the IEE means that the evaluation is conducted by a qualified examiner who is not employed by the public agency responsible for the education of the child in question.

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.

According to IDEA: If a parent requests an independent educational evaluation at public expense, the public agency must, without unnecessary delay, either –

1. File a due process complaint to request a hearing to show that its evaluation is appropriate; or
2. Ensure that an independent educational evaluation is provided at public expense, unless the agency demonstrates in a hearing pursuant to §§ 300.507 through 300.513 that the evaluation obtained by the parent did not meet agency criteria.

According to IDEA – If the public agency files a due process complaint notice to request a hearing and the final decision is that the agency’s evaluation is appropriate, the parent still has the right to an independent educational evaluation, but not at public expense.

If a parent requests an independent educational evaluation, the public agency may ask for the parent’s reason why he or she objects to the public evaluation. However, the public agency may not require the parent to provide an explanation and may not unreasonably delay either providing the independent educational evaluation at public expense or filing a due process complaint to request a due process hearing to defend the public evaluation.

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

If you feel as though your child may be in need of an Independent Educational Evaluation (IEE) contact one of the education lawyers at Montgomery Law today.