Parents Right to Obtain an Independent Evaluation (IEE)
Independent Educational Evaluations
If you, as a parent, disagree agree with the results of the school's special education evaluation of your child, you have the right to obtain as an , or an (§300.502). This means that you may ask that a professional evaluator, who is not employed by the school district conduct an outside evaluation of your child.
Obtaining an Independent Educational Evaluation at School Expense
If you request that a school pay for an IEE there are two answers the school can give, that are legal:
1. No. We think our evaluation is appropriate. Then the school files for a due process hearing in order to "prove" that their evaluation is appropriate and that your request for an IEE is unwarranted.
2. Yes. We'll be happy to pay for that. Will you be picking the person on your own or do you need for us to give you an all-inclusive list of every possible evaluator?
Is it illegal for a school to say, "OK. We'll pay for your independent evaluation, but we want you to go see Dr. Expecting lots of business from us? Here's his number."
The school district may ask you why you are requesting an IEE but they may not require you to explain your rationale and they must quickly make a decision on how to act upon your request.
The office for Special Education (OSEP) addressed the 34 CFR 300.502(a)(2) requirement regarding independent evaluations in "Letter to Young" in 2003. OSEP said that there is nothing in the regulations prohibiting an LEA from providing parents with a list of qualified examiners. If, however, a LEA wants to limit parents to using the examiners on the district's list, the list must be exhaustive, i.e., all qualified examiners in the geographic location must be included on the list. Also, the LEA must include in its policy that parents must have the opportunity to demonstrate that unique circumstances may justify the selection of an IEE examiner who does not meet the LEA's qualification criteria and are not on the LEA's list of examiners. Also see 34 CFR 300.502(e).
How to write a letter requesting the school district pay for an Independent Educational Evaluation