The Individuals with Disabilities Education Act (IDEA) provides that parents may obtain an Independent Educational Evaluation (IEE) if they disagree with the evaluation that has been performed by the school district and area education agency. IDEA §1415(b)(1). The rules that implement this provision are set out in the IDEA’s implementing regulations at 34 C.F.R. § 300.502.
An IEE is "an evaluation conducted by a qualified examiner who is not employed by the public agency responsible for the education of the child in question." It isn’t limited only to evaluating a child's academic or intellectual skills, but may include an evaluation of any skill related to the child's educational needs. On this basis, parents may request an IEE, for virtually any purpose if it impacts the child's education.
Both school districts and parents are often confused about under what circumstances the school district is financially responsible to pay for an IEE. Before discussing this, a couple of points need to be made:
1. Neither the IDEA nor its regulations limit a parent’s right to obtain an independent educational evaluation of their child --unless a parent wants the school district to pay for it.
2. Whether or not an IEE is paid for privately or by the school district, the report from the IEE must be “considered” in any decision made with respect to the provision of a free and appropriate education (FAPE) to the child. 34 C.F.R. 300.502(c).
With respect to point 2, a school district is not required to accept the findings or recommendations of an IEE report. Instead, the IEP team must review and discuss it. This doesn’t mean that a school district may casually disregard an IEE report; in fact, several sections of the federal regulations direct school districts to ensure that such information provided by parents is properly considered. See 34 C.F.R. §§300.343(c)(2)(iii), 300.502(c), 300.533(a)(1)(i).
If a parent disagrees with an evaluation of his/her child, and wants the school district to pay for an IEE, the parent should inform the school district in writing that s/he disagrees with the evaluation that has been performed by the school district/AEA, and that s/he is seeking the IEE at public expense. In response, one of two things should happen:
1. The school district/AEA will agree to the request, and provide the parent with information about where an IEE at public expense may be obtained and provide the agency criteria required of the evaluation, or
2. The school district/AEA will could file a request for a due process hearing to show that their evaluation is appropriate. At the hearing, the parent may present information supporting his/her belief that the evaluation is insufficient and reasons why an IEE should be performed and paid for by the school district. The administrative law judge conducting the hearing will decide whether or not to order the school district to pay for an IEE.
34 C.F.R. § 300.502. Independent Educational Evaluations
(a) General.
(1) The parents of a child with a disability have the right under this part to obtain an independent educational evaluation of the child, subject to paragraphs (b) through (e) of this section.
(2) Each public agency must provide to parents, upon request for an independent educational evaluation, information about where an independent educational evaluation may be obtained, and the agency criteria applicable for independent educational evaluations as set forth in paragraph (e) of this section.
(3) For the purposes of this subpart--
(i) Independent educational evaluation means an evaluation conducted by a qualified examiner who is not employed by the public agency responsible for the education of the child in question; and
(ii) Public expense means that the public agency either pays for the full cost of the evaluation or ensures that the evaluation is otherwise provided at no cost to the parent, consistent with § 300.103.
(b) Parent right to evaluation at public expense.
(1) A parent has the right to an independent educational evaluation at public expense if the parent disagrees with an evaluation obtained by the public agency, subject to the conditions in paragraphs (b)(2) through (4) of this section.
(2) If a parent requests an independent educational evaluation at public expense, the public agency must, without unnecessary delay, either--
(i) File a due process complaint to request a hearing to show that its evaluation is appropriate; or
(ii) Ensure that an independent educational evaluation is provided at public expense, unless the agency demonstrates in a hearing pursuant to §§ 300.507 through 300.513 that the evaluation obtained by the parent did not meet agency criteria.
(3) If the public agency files a due process complaint notice to request a hearing and the final decision is that the agency's evaluation is appropriate, the parent still has the right to an independent educational evaluation, but not at public expense.
(4) If a parent requests an independent educational evaluation, the public agency may ask for the parent's reason why he or she objects to the public evaluation. However, the public agency may not require the parent to provide an explanation and may not unreasonably delay either providing the independent educational evaluation at public expense or filing a due process complaint to request a due process hearing to defend the public evaluation.
(5) A parent is entitled to only one independent educational evaluation at public expense each time the public agency conducts an evaluation with which the parent disagrees.
(c) Parent-initiated evaluations. If the parent obtains an independent educational evaluation at public expense or shares with the public agency an evaluation obtained at private expense, the results of the evaluation--
(1) Must be considered by the public agency, if it meets agency criteria, in any decision made with respect to the provision of FAPE to the child; and
(2) May be presented by any party as evidence at a hearing on a due process complaint under subpart E of this part regarding that child.
(d) Requests for evaluations by hearing officers. If a hearing officer requests an independent educational evaluation as part of a hearing on a due process complaint, the cost of the evaluation must be at public expense.
(e) Agency criteria.
(1) If an independent educational evaluation is at public expense, the criteria under which the evaluation is obtained, including the location of the evaluation and the qualifications of the examiner, must be the same as the criteria that the public agency uses when it initiates an evaluation, to the extent those criteria are consistent with the parent's right to an independent educational evaluation.
(2) Except for the criteria described in paragraph (e)(1) of this section, a public agency may not impose conditions or timelines related to obtaining an independent educational evaluation at public expense.
(2) Except for the criteria described in paragraph (e)(1) of this section, a public agency may not impose conditions or timelines related to obtaining an independent educational evaluation at public expense.
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