Independent Educational Evaluation

State Guidance, Child Find, Evaluation

An INDEPENDENT EDUCATIONAL EVALUATION (IEE) means an evaluation conducted by a qualified examiner who is not employed by the LEA responsible for the education of the child. A parent’s right to request an IEE is a procedural safeguard described in the Notice of Procedural Safeguards.

Parent Request for an IEE

Parents have the right to obtain an IEE of their child at their own expense.
Parents have the right to an IEE at the LEA’s expense if they disagree with an evaluation provided by the LEA, unless the LEA:
- Demonstrates at a due process hearing that its own evaluation of the child was appropriate; or
- Demonstrates at a due process hearing that the evaluation obtained by the parents did not meet LEA criteria.
Parents are entitled to only one IEE at public expense each time an LEA conducts an evaluation with which the parent disagrees.
Parents may forfeit their right to an IEE at public expense if they fail to give consent for an LEA to conduct an evaluation.

LEA's Obligation

LEA’s Response to Parent’s Request for an IEE

If a parent requests an IEE at LEA expense, the LEA must provide information about where one may be obtained (34 CFR 300.502(a)(2)), and without unreasonable delay, either:

provide the parents with information about the LEA’s criteria for IEEs, and ensure that a publicly funded IEE is provided,
file a due process hearing request to ask a hearing officer to determine whether the evaluation the LEA conducted was appropriate, or
demonstrate in a hearing that the IEE the parent obtained did not meet the LEA’s criteria.

NOTE

An LEA may ask the parents why they want their child to be independently evaluated, but the parents are not required to answer.
LEAs may not reevaluate or conduct a missing assessment instead of responding to an IEE request.
If a due process hearing officer determines that the LEA’s evaluation is appropriate, the parent still has a right to an IEE, but not at public expense.
If a hearing officer requests an IEE as part of a hearing or a due process complaint, the cost of the evaluation must be the responsibility of the LEA.

LEA’s Criteria for an IEE

LEAs must not impose criteria or requirements that constitute barriers for families in obtaining an IEE at public expense. Examples of criteria that could constitute barriers are things such as unreasonably restricting evaluation costs or requiring families to cover associated costs up front and later be reimbursed by the LEA. In addition, LEAs may not require parents to submit bills for the cost of an IEE to their private insurance companies. These practices can incur costs to the parents that are not readily apparent, such as increased insurance premiums or a decrease in available lifetime coverage.

An LEA’s criteria for an IEE may:

state that parents should check with their insurance provider to better understand possible future financial costs to them; and
inform parents that their refusal to do so will not relieve the LEA of its duty to ensure that all required services are provided at no cost to the parent.

The LEA's criteria for an IEE must be the same as the criteria that the LEA uses for its own evaluations. The criteria must be consistent with a parent’s right to an IEE, and the LEA may not impose additional conditions or timelines related to obtaining an IEE at public expense. Parents must be given an opportunity to demonstrate unique circumstances that allow for a deviation from the criteria established by the LEA. The location of where the evaluation is conducted as well as qualifications of the examiner are criteria outlined by FEDERAL LAW .

	Location of where the evaluation is conducted may include, for example, a statement that the independent evaluator must be located within a 125-mile radius of the LEA.
	Qualifications of the examiner may include, for example, that the independent evaluator will have the same qualifications required for LEA evaluation personnel, such as, school psychologist or licensed specialist in school psychology (LSSP) for a psychological evaluation.

NOTE

LEAs should maintain a list of qualified evaluators to provide parents, along with information on how and where to obtain an IEE. An LEA’s regional education service center (ESC) can assist with compiling such a list. Parents are free to select an evaluator who is not on the list as long as the evaluator meets other LEA criteria, unless the criteria would limit a parent’s right to obtain an IEE at public expense.

	State/federal requirements applicable for all evaluations apply for the IEE, including provision of a written report.
	Cost Criteria means that LEAs are not required to pay unreasonable fees for an IEE. However, when addressing the cost of the IEE, LEAs must be prepared to recognize unique circumstances affecting IEE cost. Those circumstance may justify a more expensive evaluation. While it is permissible to set reasonable pricing thresholds, LEAs need to be flexible depending on the nature of the requested IEE. The threshold cannot prevent the parent from obtaining an IEE at public expense.
	Payment Procedures must ensure that the parent’s personal finances do not create a barrier to obtaining an IEE. For some parents, a rigid procedure that requires parents to pay an evaluator directly may be found to deny a parent the right to a publicly funded IEE.

NOTE

LEAs should provide the same access for classroom observations to IEE providers as given to LEA staff.
Parents must sign consent for release of confidential information about their child to the IEE provider in order for the LEA to provide access to the child’s educational records.
LEAs should share current evaluations with the IEE providers since some assessments would become invalid if used too often.

LEA’s Obligation to Consider an IEE

If the parent obtains an IEE at the LEA’s expense or shares an evaluation obtained at private expense, the ARD committee must consider the results of that evaluation when making decisions involving the provision of a FAPE to the child.
The ARD committee must include an individual from the LEA who can interpret the instructional implications of evaluation results.
While the ARD committee, including the parents, must consider the results of an IEE, the committee is not required by law to adopt the IEE provider’s recommendations or conclusions.

BEST PRACTICE TIPS

LEA’s should address the criteria for an IEE in its Special Education Operating Procedures. Do not wait until an IEE is requested to assemble a list of evaluators and evaluation criteria.
LEA special education and finance offices should work together closely as there should be a mutual understanding of the process for contracting between the LEA and an IEE provider. This will expedite the process when parents make a request for an IEE. LEAs are encouraged to contract directly with IEE providers. Payment for services can be delivered within a defined time limit after receipt of the written IEE report.
The LEA should explain to the parent that the parent has a right to an IEE at public expense if the parent disagrees with an evaluation already obtained by the LEA. This means that the LEA has the right to conduct its own evaluation prior to paying for an IEE.
The LEA should ensure that the evaluation is comprehensive, and the child is evaluated in all areas of suspected disability.
LEAs should carefully review the IEE, explaining any areas of agreement or disagreement with the parent.
Request that parents notify the LEA of specific areas of disagreement and questions to be addressed by the IEE. Remember, however, that parents are not required to provide an explanation.