Your right to a second opinion when you disagree with the school's 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.
You have the right to request an IEE at public expense whenever you disagree with an evaluation the school has conducted. Common situations include:
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.
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."
When you request an IEE at public expense, the school district must do one of two things without unnecessary delay:
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.
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:
If the school refuses to pay for the IEE and files for due process to defend its own 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+.
Assesses cognitive ability (IQ), academic achievement, and learning processes. Often used to identify specific learning disabilities. Typically costs $1,500-$3,500.
Assesses receptive and expressive language, articulation, pragmatic (social) language, fluency, and voice. Important for children with communication needs. Typically costs $500-$2,000.
Assesses fine motor skills, sensory processing, visual-motor integration, self-care skills, and handwriting. Typically costs $500-$1,500.
Determines what technology tools and supports could help your child access the curriculum, communicate, or perform tasks more independently. Typically costs $500-$2,000.
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.