Independent Educational Evaluations (IEE)

If you disagree with the school's evaluation of your child, you do not have to accept it. Federal law gives you the right to get a second opinion - called an Independent Educational Evaluation (IEE) - and in most cases, the school district is required to pay for it.

An IEE can be the most powerful tool in your advocacy toolkit. It provides an unbiased, outside assessment of your child's needs that the school is required to consider when making decisions about services and placement.

Under IDEA, when a parent disagrees with the school's evaluation, the school district must either pay for an independent evaluation or file for a due process hearing to prove their evaluation was appropriate. They cannot simply say no.

What Is an Independent Educational Evaluation?

An IEE is an evaluation of your child conducted by a qualified professional who does not work for the school district. The evaluator is independent - they have no connection to the school and no incentive to minimize your child's needs.

An IEE can assess any area of suspected disability, including:

• Cognitive ability (IQ testing)
• Academic achievement
• Speech and language
• Occupational therapy
• Behavioral and emotional functioning
• Autism spectrum evaluations
• Assistive technology needs
• Transition assessments
• Neuropsychological evaluations

Your Right to an IEE at Public Expense

The law on this is clear. Under 34 CFR 300.502(b) of IDEA:

A parent has the right to an independent educational evaluation at public expense if the parent disagrees with an evaluation obtained by the public agency.

"At public expense" means the school district pays for the evaluation, or ensures that it is provided at no cost to you.

What Happens When You Request an IEE

When you submit a written request for an IEE at public expense, the school district has only two options:

1. Agree to pay for the IEE. The district provides you with their criteria for the evaluation (location, evaluator qualifications, cost limits) and you select a qualified evaluator.
2. File for a due process hearing. The district must prove to a hearing officer that their own evaluation was appropriate. If they cannot prove it, they must pay for the IEE.

The school cannot simply deny your request. They cannot ask you to explain your reasons in detail. They cannot delay indefinitely. They must act "without unnecessary delay."

Important: You are only entitled to one IEE at public expense each time the school conducts an evaluation. However, if the school re-evaluates your child and you disagree again, you can request another IEE.

How to Find a Qualified Independent Evaluator

Choosing the right evaluator is critical. Here is how to find one:

• Ask your school district for their IEE criteria. The district must provide a list of criteria, including qualifications the evaluator must have and any geographic or cost limitations. You are generally not required to use a specific evaluator chosen by the district.
• Contact your state's Parent Training and Information Center (PTI). They often have lists of independent evaluators in your area. Find yours at parentcenterhub.org.
• Ask your child's pediatrician or specialists for referrals to psychologists, neuropsychologists, or other professionals who conduct educational evaluations.
• Contact local universities. Many university psychology or education departments have clinics that conduct comprehensive evaluations.
• Ask other parents. Parent support groups and advocacy organizations can often recommend evaluators they have used successfully.

What to Look for in an Evaluator

• Experience evaluating children with your child's suspected disability
• Appropriate licensure and credentials (licensed psychologist, neuropsychologist, speech-language pathologist, etc.)
• Familiarity with IDEA and the IEP process
• Willingness to attend the IEP meeting to present findings (even by phone)
• A thorough approach that includes testing, observation, parent interview, and review of records

What a Good IEE Should Include

A thorough IEE goes well beyond what many school evaluations provide. A comprehensive IEE should include:

• Review of all existing records - Previous evaluations, report cards, IEPs, teacher reports, medical records, and any other documentation
• Parent interview - A detailed conversation about your child's developmental history, strengths, challenges, and your concerns
• Teacher input - Rating scales or questionnaires completed by your child's teachers
• Standardized testing - Norm-referenced assessments that compare your child to same-age peers in all areas of concern
• Observation - The evaluator should observe your child in their natural setting (classroom, if possible)
• Comprehensive written report - A detailed report that explains the results, provides a clear diagnosis (if applicable), and makes specific recommendations for services, accommodations, and goals
• Specific, actionable recommendations - Not vague suggestions, but clear recommendations like "This child needs 60 minutes per week of individual reading intervention using an Orton-Gillingham-based program"

A good IEE does not just describe what is wrong. It provides a roadmap for what your child needs. The recommendations section is the most important part - it should give the IEP team clear guidance on services, supports, and goals.

How to Use IEE Results at IEP Meetings

Once you have the IEE report, here is how to make the most of it:

1. Share the report with the school before the meeting. Give the school a copy of the IEE report at least a few days before the IEP meeting so the team has time to review it.
2. Request that the evaluator attend the meeting. Having the independent evaluator present (in person or by phone) to explain the findings and answer questions is extremely powerful. Many evaluators are willing to do this.
3. The school must "consider" the IEE results. Under IDEA, the school is legally required to consider the results of any IEE you provide. They cannot simply ignore it.
4. Use the recommendations to drive the IEP. The IEE recommendations should form the basis for your requests for services, goals, and accommodations. Reference specific findings when advocating for your child.
5. Document everything. If the school disagrees with the IEE findings, ask them to explain their reasoning in writing (request Prior Written Notice).

Note: While the school must "consider" the IEE, they are not required to follow every recommendation. However, if they reject the IEE findings, they must explain why in writing. If you disagree with the school's decision, you have the right to pursue mediation or due process.

Sample Request Letter for an IEE

Below is a letter you can copy and customize to request an IEE at public expense. For additional letter templates, visit our Sample Letters page.

[Your Name] [Your Address] [City, State, ZIP] [Your Email] [Date] [Special Education Director's Name] [School District Name] [District Address] [City, State, ZIP] Dear [Special Education Director's Name], I am the parent of [Child's Full Name], born [Date of Birth], who is currently enrolled in [Grade] at [School Name]. I am writing to formally request an Independent Educational Evaluation (IEE) at public expense. I disagree with the evaluation of my child conducted by the school district on [date of evaluation]. Under 34 CFR 300.502(b) of the Individuals with Disabilities Education Act, I have the right to an IEE at public expense when I disagree with the school district's evaluation. Upon receiving this request, the school district must, without unnecessary delay, either: 1. Ensure that an independent educational evaluation is provided at public expense, OR 2. File a due process complaint to show that its evaluation is appropriate. I am requesting that the IEE include comprehensive assessment in the following areas: - [Area #1, e.g., "Cognitive/intellectual functioning"] - [Area #2, e.g., "Academic achievement in reading, writing, and math"] - [Area #3, e.g., "Social/emotional/behavioral functioning"] - [Area #4, e.g., "Speech and language"] - [Any other areas of concern] Please provide me with the school district's criteria for independent educational evaluations, including any requirements regarding the location of the evaluation, the qualifications of the examiner, and cost parameters. I expect a written response within 10 school days of your receipt of this letter. Sincerely, [Your Name] [Your Phone Number] [Your Email Address]

Frequently Asked Questions

Can the school choose the evaluator?

No. The school can set criteria for the evaluator (such as qualifications and geographic area), but you have the right to choose who evaluates your child, as long as the evaluator meets the district's criteria.

What if I already paid for a private evaluation?

If you paid for a private evaluation on your own, the school must still consider the results. However, getting reimbursed for a private evaluation you already paid for can be more difficult than requesting an IEE at public expense upfront. If possible, always request the IEE at public expense first.

How long does an IEE take?

A comprehensive IEE typically takes 2 to 6 weeks from the first appointment to receiving the final report. The evaluation itself may take several hours spread over one or two sessions. The evaluator then needs time to score the tests, analyze the results, and write the report.

Can the school retaliate against my child for requesting an IEE?

Absolutely not. Retaliation is illegal. If you believe the school is retaliating against your child, document everything and consider filing a complaint with your state's Department of Education or the U.S. Department of Education's Office for Civil Rights.

What if the school files for due process instead of paying?

This is the school's right, but it rarely happens because they must prove their evaluation was appropriate. If they do file, your child's placement and services remain the same during the proceedings (this is called "stay-put"). You have the right to an attorney, and many parent attorneys offer free consultations. Contact your state's PTI for guidance.