An IEE stands for Independent Educational Evaluation. It’s done by a qualified professional who is not employed by the public school district and gives a neutral, second opinion about a child’s disability and what they need educationally.
What does an Independent Educational Evaluation involve?
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.
Parents who do not agree with a school's evaluation have a strong legal option: they may request an "Independent Educational Evaluation" paid for at "public expense." In practice, this lets parents hire an outside, independent psychologist or other specialist to assess their child, and the school district must cover the cost. The rule exists so parents have a fair chance to challenge a school’s findings and are not forced to accept an evaluation they believe is seriously flawed simply because they cannot afford a private assessment.
When should parents request an IEE?
If parents strongly disagree with the school district’s evaluation results, they should ask for an independent educational evaluation (IEE). Situations where requesting an IEE is common 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
When a parent files a written request for an IEE because they disagree with the school's evaluation, the school district is limited to two lawful responses. It may not ignore the request, nor can it simply refuse by saying "no."
Option 1: The school district may agree to fund the IEE. They will give the parent a list of requirements—such as allowed locations and maximum fees—and permit the parent to pick a qualified professional to perform the evaluation.
Option 2: When the school district declines to fund an IEE because it claims its own evaluation met legal requirements and was thorough, the district is required to initiate a formal Due Process Hearing against the parents. During that hearing, the district has the burden to convince a judge that its assessment was appropriate. If the judge sides with the district, the parents will be responsible for paying for the independent testing. If the judge rules in favor of the parents, the district must cover the cost of 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
After the independent evaluation is finished, bring its report back to the IEP team. By law, the school district is required to consider the IEE results when making decisions about the child’s educational program.
Parents should know that "must consider" isn't the same as "must accept." A school team isn't legally required to implement every recommendation or diagnosis from an independent doctor, but they do have to go over the report carefully at an IEP meeting. If the team decides not to follow the independent evaluator's recommendations, they must record their specific reasons in a PWN.
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.
- Before requesting an IEE, you should let the school complete its evaluation of your child first.
- If you ask for an IEE, the school must either pay for it or begin due process to defend its 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.
