Independent educational evaluation

IDEA defines independence and public expense

Current 34 CFR 300.502 defines an IEE as an evaluation by a qualified examiner who is not employed by the public agency responsible for the child’s education.

“Public expense” means the agency pays the full cost or otherwise ensures the evaluation is provided at no cost to the parent, consistent with IDEA’s rule. An IEE obtained privately can follow a different funding path.

Parents can request information

Upon a parent’s request for an IEE, the public agency must provide information about where one may be obtained and the agency criteria that apply under section 300.502(e).

Families can ask for the criteria, evaluator qualifications, geographic limits, rate information, contracting steps, payment process, and contact person in writing. The applicable criteria must respect the parent’s IEE rights.

Public expense follows disagreement

A parent has a right to an IEE at public expense when the parent disagrees with an evaluation obtained by the public agency, subject to the regulation’s conditions. The disagreement should identify the agency evaluation at issue.

The agency may ask why the parent objects. The rule says it may not require an explanation and may not unreasonably delay its response because a parent declines to provide one.

The agency has two required routes

When a parent requests an IEE at public expense, section 300.502 requires the public agency, without unnecessary delay, either to file a due process complaint seeking a hearing to show its evaluation was appropriate or ensure the IEE is provided at public expense, unless the agency proves in a hearing that the parent’s evaluation failed agency criteria.

If a final hearing decision finds the agency evaluation appropriate, the parent still has the right to an IEE, though not at public expense under that provision.

One IEE attaches to each disputed evaluation

The federal rule entitles a parent to one IEE at public expense each time the public agency conducts an evaluation with which the parent disagrees. Identify the date, type, and scope of the agency evaluation.

A later agency evaluation may create a new factual context. Families facing disputes should verify current rights and deadlines with a qualified local adviser.

Agency criteria have limits

For a publicly funded IEE, criteria such as location and examiner qualifications must match criteria the agency uses for its own evaluations to the extent consistent with the parent’s IEE right.

Apart from the criteria described by the rule, the agency may not add conditions or timelines related to obtaining the IEE at public expense. Ask for any denial, exception decision, or alternate proposal in writing.

The evaluator needs an adequate question

Define the suspected areas, educational questions, records, settings, communication access, language, assistive technology, health interfaces, and participation supports. An examiner should use methods appropriate to the purpose and child.

Current IDEA evaluation procedures require varied tools and strategies and assessment in all areas related to suspected disability. Section 300.305 addresses review of existing data and additional information needed.

The agency must consider qualifying results

If the parent obtains an IEE at public expense or shares a private evaluation, the agency must consider the results in any FAPE decision if the evaluation meets agency criteria. A party may also present it as evidence in a due process hearing.

“Consider” does not mean the IEP team automatically adopts every conclusion. Record the information reviewed, questions asked, decisions, reasons, and notices.

A fictional request record

Tessa’s parent disagrees with a district evaluation and requests an IEE at public expense. The tracking record contains six items: dated request, disputed evaluation, criteria sent, agency route, evaluator selection, and final report consideration.

At review, four items have documented dispositions and two remain open, or 4 of 6. The process count supports follow-up. It cannot establish unnecessary delay, evaluator adequacy, or the legal result.

Private evaluations also need a clear route

Parents may obtain an evaluation at private expense and choose whether to share it. Before sharing, consider the educational purpose, recipient, records route, and sensitive information included.

Schools should preserve receipt and team consideration. Outside evaluators should distinguish observed data, tests, interpretation, educational recommendations, and limits.

Questions families can ask

Ask which public evaluation is disputed, where to send the request, what criteria apply, and which of the two agency routes is being used. Keep dated copies and delivery evidence.

Ask how the child’s language, communication, AAC, sensory, cultural, health, and access needs will be supported. Clarify report delivery, payment, records, team review, and next steps.