Can a district or charter school deny a parental request for an IEE without filing for due process if the district or charter school evaluation is more than two years old?

Published: June 24th, 2016

Yes. The United States Department of Education/Office of Special Education Programs (OSEP) has indicated that a school can deny an IEE without requesting a due process hearing if the school’s evaluation is more than two years old. This aligns with the IDEA’s two-year statute of limitations under the 2004 reauthorization of the IDEA. [See Letter to Thorne, 16 IDELR 606 (OSEP 1990)]