Independent Educational Evaluation (IEE): when can a parent request one?

What an IEE is

IDEA defines an Independent Educational Evaluation as an evaluation conducted by a qualified examiner who is not employed by the public agency responsible for the child's education. “At public expense” means the public agency pays the full cost or otherwise ensures that the evaluation is provided at no cost to the parent.

What happens after a parent requests an IEE

When a parent requests an IEE at public expense because they disagree with an agency evaluation, the public agency must, without unnecessary delay, either file a due process complaint to show that its evaluation was appropriate or ensure that an IEE is provided at public expense, subject to the regulatory conditions.

Do parents have to explain why they disagree?

The agency may ask why the parent objects to its evaluation, but it cannot require the parent to provide an explanation and cannot unreasonably delay the IEE or a due process filing while waiting for one.

What if the parent pays for a private evaluation?

If a parent shares a privately obtained evaluation that meets agency criteria, the public agency must consider the results in decisions relating to FAPE. “Consider” does not mean the agency must automatically accept every recommendation, but the evaluation cannot simply be ignored.