An IEE is an Independent Educational Evaluation. It is an evaluation of a child conducted by a qualified professional who does not work for the public school district, providing an objective second opinion on a child's disability and educational needs.
What is an Independent Educational Evaluation?
Under the federal IDEA law, the public school district is responsible for comprehensively evaluating a student to determine if they need special education services. The school's CST or evaluation team will typically administer cognitive, academic, speech, and behavioral tests. However, parents sometimes feel that the school's evaluation is incomplete, inaccurate, or fails to capture the true severity of their child's struggles.
If a parent disagrees with the results of the school's evaluation, they have a powerful legal right: the right to request an Independent Educational Evaluation at "public expense." This means the parents can choose an outside, independent psychologist or specialist to re-evaluate their child, and the school district is legally required to pay the bill. The purpose of this rule is to level the playing field between parents and school districts, ensuring that parents are not forced to simply accept a school evaluation they believe is deeply flawed just because they cannot afford a private doctor.
When should parents request an IEE?
Parents should strongly consider requesting an IEE if they fundamentally disagree with the school district's findings. Common scenarios include:
- The school evaluated the child and determined they do not have a disability, but the parents are convinced a disability exists.
- The school identified one disability (like a specific learning disability) but refused to test for or acknowledge another suspected issue (like autism or an auditory processing disorder).
- The school's testing was not comprehensive enough to figure out exactly why the child is failing to make progress.
- The parent believes the school's proposed IEP goals are entirely inappropriate because the underlying evaluation was rushed or poorly conducted.
It is important to note that a parent can only request a publicly funded IEE after the school district has conducted its own evaluation. You cannot ask the school to pay for an outside doctor simply because you prefer private testing as a first step.
How the school must respond
Once a parent formally requests an IEE in writing due to a disagreement with the school's evaluation, the school district has only two legal options. They cannot simply ignore the request, and they cannot simply say "no."
Option 1: The school district can agree to pay for the IEE. They will provide the parent with a list of criteria (such as geographic location and maximum cost caps) and allow the parent to select a qualified professional to conduct the testing.
Option 2: If the school district refuses to pay for the IEE because they believe their own evaluation was perfectly legally compliant and comprehensive, they must file a formal Due Process Hearing against the parents. At the hearing, the school must prove to a judge that their evaluation was appropriate. If the judge agrees with the school, the parents will have to pay for their own independent testing. If the judge agrees with the parents, the school must pay for the IEE.
Choosing the evaluator
If the school agrees to fund the IEE, they must provide you with information about where to obtain one and the agency criteria the evaluator must meet. However, parents are not strictly forced to choose a doctor from a district-provided list. You have the right to select your own evaluator, provided they meet the school's standard criteria for credentialing and cost. If your child has a highly complex or rare condition requiring a highly specialized expert whose fees exceed the district's normal cap, you can petition the district to grant an exception so you can use that specific expert.
What the school must do with the results
Once the independent evaluation is complete, you will bring the report back to the IEP team. The law states that the school district "must consider" the results of the IEE when making decisions about the child's educational program.
Parents should be aware that "must consider" does not mean "must accept." The school team is not legally forced to adopt every single recommendation or diagnosis made by the independent doctor. However, they must review it thoroughly in an IEP meeting. If they choose to reject the independent evaluator's recommendations, they must document their specific reasons for doing so in a PWN document.
Key points for parents
- You have the right to an IEE at public expense if you disagree with the school district's special education evaluation.
- You must allow the school to evaluate your child first before you can request an IEE.
- When you request an IEE, the school must either agree to pay for it or take you to due process to defend their own evaluation.
- The school district "must consider" the independent findings, but they are not legally obligated to automatically adopt every recommendation.
- Always make your request for an IEE in writing, explicitly stating that you disagree with the district's evaluation and are requesting an IEE at public expense.
