IEE Guidance
Understanding Independent Educational Evaluations (IEE)
What is an Independent Educational Evaluation (IEE)?
An Independent Educational Evaluation (IEE) is an evaluation done by a qualified professional who does not work for the child’s local educational agency (LEA). Parents can choose to get an IEE and pay for it themselves. Under IDEA Part B rules, parents can also ask the school district to pay for the IEE if they disagree with the LEA's evaluation. The IEE must follow the same standards as the school’s evaluation and is done in response to the LEA’s original assessment.
Why Might a Parent Request an IEE?
Parents do not need to provide a specific reason for disagreeing with the evaluation. However, common reasons for requesting an IEE include:
- Disagreement with the results of the LEA's evaluation.
- A belief that certain areas of the child's needs were not tested properly or not tested at all.
- The evaluation did not consider the child's history (e.g., medical, trauma, or native language), which may have led to inaccurate results.
- The evaluation did not use needed accommodations or assistive technology (e.g., a student who is hard of hearing was evaluated without their hearing aids). This applies only to accommodations that do not invalidate the results of standardized assessments.
Parent's Right to a Publicly Funded IEE
Parents have the right to have the school pay for an IEE if they disagree with the LEA's evaluation, unless:
- The LEA proves in a due process hearing that its evaluation was appropriate; or
- The LEA shows in a due process hearing that the IEE obtained by the parents did not meet LEA criteria.
Procedures for Requesting an IEE
- Timing: Parents can ask for an IEE within two years of becoming aware of the evaluation's content.
- LEA Response: The LEA must respond to IEE requests in a timely manner. There is no set deadline; however, past cases suggest that a response within 30 days or less is reasonable.
When a parent requests an IEE at public expense, the LEA has two options:
- The LEA can request a due process hearing to show that its evaluation was appropriate; or
- The LEA can agree to pay for the IEE, unless it later shows in a due process hearing that the IEE did not meet LEA standards.
Selection of Evaluator
The LEA must give parents information about how to obtain an IEE and explain its rules for IEEs. This should include:
- Location: The evaluation should take place within a reasonable distance, such as within 100 miles of the LEA. The LEA cannot limit parents to one clinic or private practice. Parents should have several options when choosing a qualified evaluator.
- Qualified Evaluator: The LEA but define what makes someone a "qualified evaluator." These requirements must match LEA standards and cannot require extra degrees or certifications beyond what the LEA normally requires.
- Cost: The LEA may set a reasonable limit on the cost of the IEE based on local costs. However, if the limit is too low - such as setting it at $800 when the average cost is $1500 - it may limit parents' choices. Parents must be allowed to show special circumstances for an IEE that exceeds the set limit.
Consideration of an IEE
After the IEE is finished, the LEA must schedule an IEP meeting within a reasonable time, usually within 30 days. At this meeting, the team will review and discuss the results. Under IDEA, the LEA must consider the evaluator’s recommendations, but it does not have to follow them. The LEA must still make sure the student receives a Free Appropriate Public Education (FAPE) in the least restrictive environment.
Tips for Ensuring Full Consideration of the IEE:
- More Data: The more date, the better. Think of the IEE as a second opinion.
- Discussions of Disagreements: Discuss areas of disagreement or differences between the LEA’s evaluation and the IEE to ensure that both evaluations are fully considered. This discussion may lead to useful changes to the IEP.
- Documenting Decisions: If the IEE recommends changes to the IEP, the team should talk about whether to accept or reject those recommendations and provide an explanation for their decision. Document all discussions, questions, and responses from both the parent and the evaluator.
Frequently Asked Questions (FAQs)
Do qualified evaluators have to complete the IEE on a timeline?
No, the LEA cannot set rules or deadlines for independent evaluations paid for by the public if it does not use the same rules for its own evaluations.
Can the LEA dictate which assessments are conducted during the IEE?
- No, the LEA cannot control this. The evaluator can use any approved test or method within their scope of practice.
Is there a limit on how many publicly funded IEEs a parent can request?
- Yes, a parent can get one publicly funded IEE each time they disagree with an LEA evaluation.
Do parents have a right to a publicly funded IEE if their child was made eligible or ineligible for special education services?
- Yes, even if the child does or does not qualify for special education, the parent may request a publicly funded IEE.
Does the LEA have to pay for the IEE in advance, or can parents be reimbursed?
- Reimbursement is allowed, as long as it does not stop a parent from getting an IEE because they cannot pay upfront.
Can the LEA deny funding for an IEE if it disagrees with the parent's choice of evaluator?
- No, the LEA cannot deny funding just because of the parent's choice of evaluator, as long as the evaluator meets the LEA's rules. The LEA must only check that the evaluator follows the established rules, not who the parent selects.
Can a parent request a publicly funded IEE after their child has been evaluated but the IEP has already been developed?
- Yes, a parent may request an IEE at public expense even after the IEP has been developed, as long as they request it within a reasonable time after they learn the evaluation results.
Can the LEA require a specific format for the IEE report?
- No, the LEA cannot require a specific format for the IEE report. However, the evaluation must follow the same rules as the LEA's own evaluations to make sure that the results are consistent and reliable.
What happens if the LEA disagrees with the IEE and does not provide funding for it?
- If the LEA disagrees with the IEE and does not provide funding, the parent can ask for a due process hearing to challenge the decision. The LEA must show that its own evaluation was appropriate or that the IEE did not meet its criteria.
Can an LEA delay the IEP meeting to review the IEE results?
- No, the LEA cannot delay the IEP meeting without a good reason to review the IEE results. The IEP team must meet on time, usually within 30 days of getting the IEE, to talk about the results and decide if the IEP needs changes.
Can the LEA use a re-evaluation instead of an IEE if a parent disagrees with the evaluation?
- No, the LEA cannot use a re-evaluation instead of an IEE. If a parent does not agree with the LEA’s evaluation, they can ask for an IEE at public expense.