Understanding Independent Educational Evaluations (IEEs) in Special Education

When a child has a disability, their parents play a vital role in the educational decision-making process. The Individuals with Disabilities Education Act (IDEA) recognizes this by granting parents specific rights, including the right to obtain an Independent Educational Evaluation (IEE) if they disagree with the school district's evaluation of their child's needs. This article explains what an IEE is, why it's important, and how it fits into the special education process.

What is an Independent Educational Evaluation?

An Independent Educational Evaluation (IEE) is defined as an evaluation conducted by a qualified examiner who is not employed by the public agency responsible for the education of the child. This means the evaluator is independent of the school district.

Who Can Request an IEE?

The right to request an IEE typically belongs to the parent of a child with a disability. In specific cases, this right may extend to:

A child’s foster parent, if the authority of the biological or adoptive parents to make educational decisions specifically has been limited by court order.
A surrogate parent who has been appointed.

Why are IEEs Important?

The IDEA emphasizes strengthening the role of parents in educational decision-making for children with disabilities. An IEE provides parents with added authority at the IEP meeting. Independent evaluations often support parents' opinions and requests, and school officials also find IEEs valuable. Parent participation in the decision-making process is mandated by the Act. It constitutes a denial of a free appropriate public education if a school system significantly impedes the parents’ participation in the decision-making process.

What Types of Evaluations Can an IEE Cover?

An IEE is not limited to evaluating only a child's academic or cognitive skills but may include the evaluation of any skill related to the child's educational needs. Evaluations of neurological functioning, adapted physical education, sensory needs, behavior, aquatics, even music therapy, are but a few examples of the types of IEEs covered under the IDEA. Parents may obtain an IEE for virtually any purpose if it impacts the child's education.

Read also: Find Remote Special Education Jobs

The IEE Process: A Step-by-Step Guide

1. Disagreement with the School's Evaluation

The process begins when a parent disagrees with the results of the school district's evaluation of their child. Reasons for disagreement might include:

The school evaluation didn’t find evidence of a disability, but you think it’s wrong.
You don’t think the disability your child has been diagnosed with is correct, or you think the results of the testing aren’t accurate.
The school’s evaluation didn’t examine all the issues you think it should have.

It’s important to know that when you disagree with an evaluation, you only have the right to one IEE request for each evaluation the school conducts.

2. Requesting an IEE

If a parent disagrees with the school district’s evaluation, they have the right to request an IEE at public expense. The parent needs to make the request in writing to the Special Education Office.

3. School District's Response

The school district cannot simply refuse or ignore the parents' request for an independent evaluation. The special education administrator must review the request and notify the parent indicating approval or denial of the request.

The school district may:

Agree to pay for the IEE.
Request a due process hearing to defend the public evaluation.

If the school district decides to request a due process hearing, it must do so “without unnecessary delay”. Failure to request a due process hearing in a timely manner, may result in a waiver by the school district to challenge the parents’ request for an IEE.

4. Due Process Hearing (If Applicable)

If the school district requests a due process hearing, it has the burden of proof and must prove to a hearing officer that the school evaluation was sufficient. Even if the school district does not conduct an evaluation, the student’s parents may be entitled to an IEE at public expense if the school district refused to conduct evaluations. Finally, if a hearing officer orders an IEE during the course of a due process hearing, it will be conducted at public expense.

5. IEE Implementation

Regardless of who funds the IEE, the district/intermediate unit or the parent, if the IEE is shared with the district, the district/intermediate unit must consider those results with respect to providing FAPE to the student.

6. IEE Report

A written IEE assessment report is prepared by the independent evaluator containing all necessary assessment and eligibility sections.

7. Consideration of IEE Results

The results of the IEE, whether obtained at public or private expense, will be considered by the IEP team when making a determination regarding the student’s eligibility for special education and related services, educational placement, and other components of the student’s educational program as required by federal and California special education laws and regulations.

Key Considerations for IEEs

Cost of an IEE

If the LEA/ district grants the parent’s request for an IEE, the LEA/District either pays the full cost of the evaluation or ensures the evaluation is otherwise provided at no cost to the parent. The cost determination for an IEE shall be comparable to the costs incurred by the LEA/district when it uses its own employees or contractors to complete a similar assessment.

As a result, the El Dorado SELPA recommends that the LEA/district determine a reasonable cost ceiling for each evaluation. LEA/districts may use the guidelines for determining reasonable maximum amount costs when creating a cost policy. The guidelines for determining reasonable maximum amount costs can be found on page 5 of the IEE Guidelines located in the SEIS document library.

When private insurance will cover all, or a portion of, the costs of the IEE, the LEA/district may request that the parent voluntarily have their insurance pay the costs of the IEE covered by their insurance.

Evaluator Qualifications and Criteria

The criteria under which an IEE is conducted, including the qualifications of the examiner, must be the same as the criteria that the school district uses for its evaluations. However, a school district cannot impose requirements for the private evaluator that could deny the parents’ right to the IEE. A qualified examiner is defined as an individual who meets the same requirements as a school district employee.

The LEA/district has the right, and is encouraged to, develop local policy determining the IEE process and establishing local criteria regarding evaluator qualifications and reasonable maximum costs. LEAs/districts cannot establish stricter rules than those it applies to its own evaluators, nor can the LEA/district prohibit association with private schools or evaluators with no experience in public schools. It is recommended to locate an evaluator within the LEA/district’s county or neighboring counties.

A parent shall have the opportunity to demonstrate that unique circumstances justify a waiver of any of the criteria listed above as defined by the LEA/district. If a parent selects an evaluator who is not on the LEA/district list and does not meet the LEA/district criteria, the LEA/district must allow the parent the opportunity to demonstrate that unique circumstances justify the selection of this evaluator

Conflict of Interest

The LEA/district should ensure there is no conflict of interest between the evaluator and the service provider, or the evaluator and the family. It is not recommended that the LEA/district contract with the IEE evaluator or the agency that employs the evaluator to provide services after the IEE is completed.

School District's Responsibilities

The federal regulations direct school districts to inform parents of their right to obtain an IEE, where they may obtain an IEE and the agency criteria applicable to the IEE. It is mandatory.

Using IEE Results

The school entity must consider the results of the IEE. Regardless of who funds the IEE, the district/intermediate unit or the parent, if the IEE is shared with the district, the district/intermediate unit must consider those results with respect to providing FAPE to the student [34 CER § 300.502 (c)(1)]. It is important to remember, a school district’s obligation is only to “consider” the results of any IEE. There is no requirement about how much weight the district must give the IEE or that the district must incorporate any of the IEE recommendations into the student’s educational program.

The results of the IEE have to be considered by the school to make sure it’s providing your child with a (FAPE). Also, the results can be used as evidence in future due process hearings. That’s worth knowing in case the results aren’t that different from the school’s evaluation and you have to decide on your next steps.

If you share outside evaluation results with the school, the results become part of your child’s educational record. The school must consider those results. But it doesn’t have to agree with the findings.

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