Independent Education Evaluation (IEE)


Published: March 20th, 2017

If a parent requests an Independent Educational Evaluation (IEE), can the school ask the parent the reason that he/she objects to the school’s evaluation?

“If a parent requests an [IEE], the [school] may ask for the parent’s reason why he or she objects to the public evaluation. However, the [school] may not require the parent to provide an explanation and may not unreasonably delay either providing the [IEE] at public expense or filing a due process complaint to request a due process hearing to defend the public evaluation.” [34 C.F.R. § 300.502(b)(5)]

Posted in Independent Education Evaluation (IEE), Uncategorized |
Published: March 20th, 2017

Can a parent request an IEE (independent educational evaluation) at any time in the evaluation process?

No. Under the regulations that implement the IDEA, “[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.” [34 C.F.R. § 300.502(b)(1)] (Emphasis added) A parent is entitled to only one IEE each time a school conducts an evaluation with which the parent disagrees. [34 C.F.R. § 300.502(b)(5)] If a parent requests an IEE at public expense, the school “must, without unnecessary delay, either file a due process complaint” on the grounds that its evaluation is appropriate, “or ensure that an IEE is provided [to the parent] at public expense.” [34 C.F.R. § 300.502(b)(2)]

Posted in Independent Education Evaluation (IEE), Uncategorized |
Published: March 20th, 2017

Are schools obligated to pay parents’ out-of-pocket costs that are associated with an IEE?

Although the regulations that implement the Individuals with Disabilities Education Act (IDEA) are silent as to this matter, the United States Department of Education/Office of Special Education Programs (OSEP) provides clarity by stating that funding for the IEE must include “the [reasonable] expenses incurred by the parent for travel, meals, and lodging if an overnight trip is necessary . . . [and the] financial resources of the parent would not be determinative.” [Letter to Heldman, 20 IDELR 621 (OSEP 1993)]

Posted in Independent Education Evaluation (IEE), Uncategorized |
Published: June 24th, 2016

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?

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)]

Posted in Independent Education Evaluation (IEE) |
Published: June 23rd, 2016

What is an independent educational evaluation (IEE) and when is a parent entitled to one?

Basically an IEE is a second opinion. The Individuals with Disabilities Education Act (IDEA) and its implementing regulations afford parents of children with disabilities the right to obtain, at public expense, an IEE, which is “an evaluation conducted by a qualified evaluator who is not employed by the public education agency responsible for the education of the child in question.” [34 C.F.R. § 300.502(3)(i)] Under the regulations that implement the IDEA, “[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.” [34 C.F.R. § 300.502(b)(1)] “A parent is entitled to only one IEE at public expense each time the public agency conducts an evaluation with which the parent disagrees.” [34 C.F.R. § 300.502(b)(5)] An IEE is not considered a reevaluation.

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