Independent Educational Evaluations (IEEs): A Guide to Your Rights and the Process
If you've ever disagreed with the results of a school evaluation, you may have heard someone mention an "IEE." It's one of the most powerful and most underused tools parents have under special education law. Here's what it is, when you're entitled to one, and how to request it.
What Is an Independent Educational Evaluation?
An Independent Educational Evaluation (IEE) is an evaluation conducted by a qualified professional who is not employed by your child's school district. It's designed as a check-and-balance: if you disagree with the evaluation your school district completed, you have the right to seek a second opinion from an outside, impartial evaluator.
IEEs are grounded in the Individuals with Disabilities Education Act (IDEA), the federal law that governs special education. Under IDEA, parents have the right to request an IEE any time they disagree with an evaluation conducted by the school.
When Are You Entitled to an IEE?
You're generally entitled to request an IEE at public expense when:
You disagree with the school's evaluation. Maybe the testing didn't capture your child's full picture, missed a suspected disability, or the results don't match what you see at home.
The school's evaluation seems incomplete. For example, it only looked at academics but not attention, processing, or social-emotional functioning.
Your child was denied special education services, and you believe the evaluation didn't accurately reflect their needs.
It's been a while since the last evaluation, and you believe circumstances have changed; however, in this case, a new evaluation request (rather than an IEE) may be the more direct route.
A few important notes:
You are entitled to one IEE at public expense each time you disagree with a district evaluation.
The district can either agree to pay for the IEE or file for a due process hearing to show that their own evaluation was appropriate. If they don't do either in a reasonable time frame, they must fund the IEE.
You can also pay for an IEE privately at any time, without going through this process, if you'd like an outside opinion.
How to Request an IEE From Your District
Requesting an IEE doesn't have to be adversarial. Here's a simple approach:
Put your request in writing. Email or send a letter to your child's case manager or the district's special education director. Keep it factual and specific.
State that you disagree with the evaluation and are requesting an IEE at public expense under IDEA.
Reference the specific evaluation you're disagreeing with, including the date it was completed.
Ask about the district's criteria for IEEs. Districts are allowed to have reasonable guidelines about evaluator qualifications, location, and cost, as long as those criteria don't restrict your right to an IEE.
Keep a copy of everything you send and receive, including dates.
Sample language you might use:
"We disagree with the recent evaluation conducted by the district on [date] and are formally requesting an Independent Educational Evaluation at public expense, as is our right under IDEA. Please let us know your criteria for IEEs and the next steps."
You do not need to explain in detail why you disagree, though briefly noting your concerns can help move the process along smoothly.
What Happens After You Request an IEE
Once you've made your request, the district will typically do one of the following:
Agree to fund the IEE and provide you with a list of approved evaluators or their reimbursement criteria
Request mediation or a meeting to better understand your concerns before agreeing
File for due process to defend their original evaluation (this is less common, but it's the district's legal option if they believe their evaluation was appropriate)
If the district agrees, you'll typically be given a list of qualified evaluators to choose from, or a reimbursement rate if you select your own.
What the IEE Process Itself Involves
Once you've selected an evaluator, the process looks similar to any comprehensive evaluation:
Records review — the evaluator reviews prior testing, school records, and relevant history
Parent and teacher input — through interviews, questionnaires, and sometimes classroom observation
Testing sessions — covering areas like cognitive ability, academic skills, attention, and social-emotional functioning, depending on your child's needs
A written report — with findings, diagnostic impressions (if applicable), and specific recommendations
A feedback meeting — where the evaluator explains the results to you directly
Once complete, the district is legally required to consider the results of the IEE when making decisions about your child's eligibility and services, even if they don't have to automatically adopt every recommendation.
Why an IEE Can Matter
An IEE can:
Provide a more complete or accurate picture of your child's needs
Strengthen your position in an IEP meeting with objective, outside data
Uncover a disability the school's evaluation missed
Give you peace of mind that you've explored every angle before agreeing to (or disputing) a plan for your child
Getting Support Through the Process
Navigating IEE requests, district criteria, and evaluation timelines can feel overwhelming, especially while you're also advocating for your child day to day. You don't have to sort through it alone.
We specialize in conducting Independent Educational Evaluations and can help you understand whether an IEE is the right next step, guide you through requesting one from your district, and provide a thorough, parent-friendly evaluation and report you can use with confidence at your child's next IEP meeting.
If you're considering an IEE, reach out to us to talk through your options.
