Page 16 - Special Education One Sheets

Independent Educational Evaluations

Under certain conditions, parents are entitled to obtain an independent educational evaluation (“IEE”) at public expense
(i.e., paid for by a school district). 34 C.F.R. § 300.502(b)(1). An IEE is an assessment conducted by a qualified examiner not
employed by the public agency responsible for the student’s education. (34 CFR 300.502(a)(3)(i).)

Responding to a Request for Publicly Funded IEE:

Required Preconditions:
The District conducted an assessment;
Parent disagreed with the assessment (e.g., procedures, protocol, areas addressed, results); and,
Parent made a timely (typically within 2 years of the District assessment’s completion) request for an IEE.

All required preconditions MET. District must without unnecessary delay:
Provide the IEE at public expense; OR
Request a due process hearing to prove the District’s assessment was appropriate.
With either option, provide Notice of Procedural Safeguards and a copy of IEE Policies and Procedures.

All required preconditions NOT MET. District must within a reasonable time:
Send Prior Written Notice of the District’s refusal to fund an IEE, outlining the preconditions not met and why; AND
Inform Parent of right to obtain an IEE at his or her own expense; AND
Send copy of IEE Policies and Procedures and Notice of Procedural Safeguards.

Best Practice Pointers:

Responding to Requests
> The District may ask why a parent disagrees with an assessment, but the parent need not give a reason, and the District
cannot insist on a response, or delay taking action, because of a lack of response. (34 CFR 300.502(b)(4).)
> A parent is entitled to only one IEE at public expense per District evaluation. (34 CFR 300.502(b)(5); see Olentangy Local
Sch. Dist., 115 LRP 9484 (SEA OH 02/06/15)

> When a publicly funded IEE is requested before District assessment has been conducted, consider denying the request by
PWN as IEE request is statutorily untimely.
> A publicly funded IEE in the same field assessed by the District may be warranted if a particular area within that field was
not appropriately included in the District’s assessment. (Letter to Baus, 65 IDELR 81 (OSEP 02/23/15); Torrance Unified
Sch. Dist., 116 LRP 20201 (SEA CA 2016).)
> If parent selects IEE evaluator not on a District list, District should agree to conduct the IEE or request a due process
hearing to prove the denial of the selected assessor is appropriate. (Letter to Parker, 41 IDELR 155 (OSERS 2004).)
> A refusal to waive District IEE criteria in light of extraordinary circumstances may violate the IDEA.
(Dover City Schs., 57 IDELR 208 (SEA OH 2011).)

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