If you disagree with the school’s evaluation of your child, you have the right to request an Independent Educational Evaluation (IEE) at public expense. The school must either pay for it or file for due process to prove their evaluation was appropriate.
What Is an IEE?
An Independent Educational Evaluation is an assessment conducted by a qualified professional who does not work for the school district. It gives you a second opinion on your child’s needs, strengths, and eligibility for services — and the school is required to consider the results.
Parents request IEEs when they believe the school’s evaluation missed something, used inappropriate testing, didn’t assess all areas of suspected disability, or reached conclusions that don’t match what they see at home.
34 C.F.R. § 300.502(b) — 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. The public agency must, without unnecessary delay, either ensure that an IEE is provided at public expense or initiate a due process hearing to show that its evaluation is appropriate.
When Can You Request One?
You can request an IEE any time you disagree with a school evaluation. Common situations include: the school found your child ineligible and you believe that’s wrong; the evaluation didn’t test all areas of suspected disability; results don’t match what you observe at home; the evaluation was rushed, incomplete, or used outdated instruments; or you want an outside expert to identify needs the school missed.
You do NOT have to explain why you disagree. The law says you only need to state that you disagree with the school’s evaluation. That’s it. Don’t let anyone tell you that you need to provide a reason before they’ll process your request.
How to Make the Request
Step 1: Put it in writing. Send a letter or email to the Special Education Director stating that you disagree with the school’s evaluation and are requesting an IEE at public expense under 34 C.F.R. § 300.502.
Step 2: Keep it simple. You do not need to explain why you disagree. State the request and cite the law.
Step 3: Ask for the district’s IEE criteria. The school can tell you where to go and set reasonable criteria (like evaluator qualifications), but they cannot unreasonably limit your choices.
Step 4: Follow up in writing if you don’t hear back within 10 business days. The law says “without unnecessary delay.”
What the School Can (and Can’t) Do
The school has exactly two options when you request an IEE at public expense. They can agree to pay for it, or they can file for a due process hearing to defend their evaluation. They cannot ignore your request, delay indefinitely, ask you to pay for it first, or require you to explain your disagreement.
34 C.F.R. § 300.502(b)(3)–(4) — If the parent requests an IEE, the public agency may ask for the parent’s reason, but may not require it. The agency must respond without unnecessary delay.
Can You Choose the Evaluator?
Yes, with reasonable limits. The district can share a list of approved evaluators or set criteria (such as licensure, geographic area, or cost caps that are consistent with what the district pays for its own evaluations). But you are not required to pick from their list. If your preferred evaluator meets the district’s criteria, the district must consider them.