If a parent disagrees with a school district’s evaluation, the parent has the right to request an Independent Educational Evaluation (IEE). 

Under the Individuals with Disabilities Education Act (IDEA), parents are entitled to an IEE at public expense (34 C.F.R. § 300.502).

School District Obligations

Upon receiving a request for an IEE, the school district must, without unnecessary delay:

• Agree to fund the independent evaluation, or

• Initiate a due process hearing to demonstrate that its evaluation is appropriate
  (34 C.F.R. § 300.502(b)(2))
  
  

The district:

• May not require the parent to provide a reason for the request

• May not condition the request on meetings or additional steps

• May not delay its response through informal processes
  
  

Purpose of an IEE

Parents are not required to accept evaluations that are:

• Incomplete

• Insufficient

• Not based on objective, technically sound assessment methods

When existing evaluation data does not adequately identify a student’s needs or support appropriate educational decision-making, an IEE provides a comprehensive, independent, and objective assessment.

Impact on Educational Decision-Making

Evaluations form the basis for:

• Eligibility determinations

• Development of the IEP

• Services, supports, and instructional decisions

When evaluations do not accurately identify a student’s needs, resulting decisions may be misaligned and ineffective.

Relationship to Equal Access (ADA and Section 504)

Under Section 504 of the Rehabilitation Act and the Americans with Disabilities Act (ADA), public schools must ensure that students with disabilities are provided an equal opportunity to access and benefit from educational programs and services.

When evaluations:

• Do not accurately identify a student’s needs, or

• Are not sufficiently comprehensive

services and supports may not be appropriately aligned, which may limit access to educational benefit on an equal basis with peers.

Enforcement Standard

Failure to respond to an IEE request in accordance with IDEA may constitute a procedural violation.

Such a violation may:

• Impede meaningful parent participation

• Delay identification of the student’s needs

• Interfere with the provision of Free Appropriate Public Education (FAPE)

Key Takeaway

When a parent requests an Independent Educational Evaluation at public expense, the district must, without unnecessary delay, either ensure that the IEE is provided or initiate a due process hearing to demonstrate that its evaluation is appropriate.