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Independent Educational Evaluations (IEE)

Your right to a second opinion when you disagree with the school's evaluation

What Is an Independent Educational Evaluation?

An Independent Educational Evaluation (IEE) is an evaluation conducted by a qualified professional who does not work for the school district. Under IDEA, parents have the right to request an IEE at public expense (meaning the school district pays for it) when they disagree with an evaluation the school has conducted.

An IEE can provide a fresh, unbiased look at your child's needs and often identifies areas the school's evaluation may have missed. It is one of the most powerful tools available to parents in the IEP process.

When to Request an IEE

You have the right to request an IEE at public expense whenever you disagree with an evaluation the school has conducted. Common situations include:

  • You disagree with the school's evaluation results. You believe the testing was incomplete, the evaluator missed something, or the results do not accurately reflect your child's abilities and needs.
  • Your child was found ineligible for special education and you believe they should qualify.
  • The evaluation did not assess all areas of suspected disability. For example, the school tested only cognitive ability and academic achievement but did not assess for processing disorders, attention, executive functioning, or social-emotional needs.
  • You question the qualifications of the evaluator. Perhaps the school psychologist administered a test outside their area of expertise.
  • The evaluation is outdated. If the school is relying on old data and refuses to re-evaluate, an IEE can provide current information.
  • The evaluation recommendations do not match the results. The data seems to show significant needs, but the recommendations are minimal.
  • You want a specialist evaluation. For example, a neuropsychological evaluation, an assistive technology evaluation, or a speech-language evaluation by a specialist with expertise in your child's specific disability.
Important: You do not need to prove the school's evaluation was wrong in order to request an IEE. You only need to disagree with it. The law does not require you to explain your reasons, though doing so can be helpful.

How to Request an IEE at Public Expense

Step 1: Make Your Request in Writing

Send a letter or email to the school's special education director stating that you disagree with the school's evaluation and are requesting an Independent Educational Evaluation at public expense. You do not need to use specific legal language, but be clear. Sample language:

"I am writing to request an Independent Educational Evaluation (IEE) at public expense for my child, [name]. I disagree with the evaluation conducted by the school district on [date]. Please provide me with the district's criteria for IEEs, including the approved list of evaluators and the allowable cost range, as required by 34 CFR 300.502."

Step 2: The School Must Respond

When you request an IEE at public expense, the school district must do one of two things without unnecessary delay:

  1. Agree to pay for the IEE and provide you with information about where to get one (including any criteria the district has established), OR
  2. File for a due process hearing to prove that its own evaluation was appropriate.

The school cannot simply ignore your request, ask you to explain your reasons, or refuse without filing for due process. If the school does nothing, follow up in writing and consider filing a state complaint.

Step 3: Understand the District's Criteria

The school district can establish criteria for IEEs, but these criteria must be the same as the criteria used for the district's own evaluations. This means:

  • The district can specify the location of the evaluation (though this cannot be so restrictive as to deny you the right to an IEE)
  • The district can set a maximum cost or fee range, but it must be reasonable and allow you to actually obtain the evaluation
  • The district can require that the evaluator be licensed and qualified to conduct the specific type of evaluation
  • The district cannot require you to use a specific evaluator. You have the right to choose.
  • If you can show that unique circumstances justify going outside the district's criteria (for example, the only qualified specialist is outside the cost range), the district may be required to make an exception

Step 4: Choose an Evaluator

  • Look for a professional with expertise in your child's specific areas of concern
  • Consider a neuropsychologist for complex cases involving attention, executive functioning, learning disabilities, or multiple concerns
  • Ask your Parent Training and Information Center (PTI) or other parents for recommendations
  • Check the evaluator's credentials and experience with children who have similar needs
  • Ask the evaluator if they are familiar with the IEE process and willing to attend IEP meetings or due process hearings if needed

Step 5: After the Evaluation

  • Request a written report from the evaluator with findings and recommendations
  • The IEP team must consider the IEE results. This is a legal requirement under IDEA.
  • Request an IEP meeting to review the IEE results and discuss how they should affect your child's IEP
  • The IEE results can be used as evidence in a due process hearing if needed
  • Note: "Must consider" does not mean "must follow." The IEP team is required to review and discuss the IEE results, but is not required to implement every recommendation. However, the team must explain why if it chooses not to follow a recommendation.

Who Pays for the IEE?

At Public Expense (School Pays)

  • You are entitled to one IEE at public expense each time the school conducts an evaluation with which you disagree
  • The school district pays the full cost of the evaluation, including any testing materials, evaluator fees, and report writing
  • The school can set a reasonable cost cap but must allow exceptions when justified

At Private Expense (Parent Pays)

  • You always have the right to obtain an independent evaluation at your own expense
  • Even if you pay for it yourself, the IEP team must consider the results
  • A privately obtained evaluation can also be used as evidence in a due process hearing
  • Some health insurance plans may cover educational or neuropsychological evaluations
  • Some universities and training programs offer reduced-cost evaluations conducted by supervised graduate students

What If the School Files for Due Process?

If the school refuses to pay for the IEE and files for due process to defend its own evaluation:

  • A hearing officer will determine whether the school's evaluation was appropriate
  • If the hearing officer finds the school's evaluation was appropriate, you are not entitled to an IEE at public expense (though you can still get one at your own expense)
  • If the hearing officer finds the school's evaluation was not appropriate, the school must pay for the IEE
  • In practice, many schools agree to pay for the IEE rather than go through the expense and effort of a due process hearing

Types of Independent Evaluations

Neuropsychological Evaluation

A comprehensive assessment of cognitive functioning, learning, memory, attention, executive functioning, language, visual-spatial skills, and social-emotional functioning. Often the most thorough type of evaluation. Typically costs $2,000-$6,000+.

Psychoeducational Evaluation

Assesses cognitive ability (IQ), academic achievement, and learning processes. Often used to identify specific learning disabilities. Typically costs $1,500-$3,500.

Speech-Language Evaluation

Assesses receptive and expressive language, articulation, pragmatic (social) language, fluency, and voice. Important for children with communication needs. Typically costs $500-$2,000.

Occupational Therapy Evaluation

Assesses fine motor skills, sensory processing, visual-motor integration, self-care skills, and handwriting. Typically costs $500-$1,500.

Assistive Technology Evaluation

Determines what technology tools and supports could help your child access the curriculum, communicate, or perform tasks more independently. Typically costs $500-$2,000.

Functional Behavioral Assessment

An in-depth analysis of the functions (reasons behind) a child's behavior, including observation, interviews, and data analysis. Used to develop effective Behavior Intervention Plans. Typically costs $1,000-$3,000.

Need Help Requesting an IEE?

We can help you write the request letter, understand the process, and find qualified evaluators in your area.

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