Understanding the IEE Process

The IEE process empowers parents to take an active role in their child’s education. If you disagree with the school’s evaluation, you can request an independent evaluation from a qualified professional outside the school district. This ensures that the evaluation is thorough, objective, and tailored to your child’s needs.

Using the IEE process, parents can uncover gaps in the school’s evaluation, identify areas of concern, and advocate for appropriate support. These guidelines explain when and how to request an IEE, its benefits, and how it can improve your child’s educational outcomes.

What Is an IEE?

When parents disagree with the school’s evaluation, they can request an Independent Educational Evaluation (IEE) as a second opinion. An independent professional, not affiliated with the school district, conducts the IEE, offering an unbiased assessment of your child’s needs.

Why Is an IEE Important?

The IEE process allows parents to have their child evaluated by an independent professional outside the school system, ensuring the evaluation is both objective and thorough. It is designed to ensure your child’s educational needs are fully understood and addressed. By providing a second opinion, an IEE can uncover gaps, clarify concerns, and drive better outcomes for your child.

If you believe the school missed important details in their evaluation or failed to assess critical areas, an IEE can fill those gaps. For example, if the school has not evaluated your child’s behavior despite frequent teacher reports or ongoing disciplinary actions, an IEE may be necessary. Similarly, if your child faces challenges such as executive functioning difficulties, anxiety, depression, or other conditions that affect their ability to access education, and the school has not assessed these areas, an IEE can provide the insights needed to address these concerns.

Even if the school evaluated an area, such as reading fluency or reading comprehension during an evaluation for a Specific Learning Disability in Reading (Dyslexia), but you feel their findings do not accurately reflect your child’s needs, an IEE can ensure a more accurate and comprehensive understanding of these issues.

How Is an IEE Process Funded?

Under IDEA, parents have the right to request an IEE if they disagree with the school’s evaluation. Parents can make this request at any time within two years after the school completes its evaluation.

If parents disagree with the school’s evaluation, they have the right under IDEA (34 C.F.R. § 300.502) to request an IEE at public expense. To qualify for school funding, the following criteria typically apply:

• You cannot request an IEE before the school has finished its evaluation.
• Parents must disagree with the school’s evaluation to request an IEE. Under IDEA, parents are not required to explain their disagreement with the school’s evaluation.
• Although it’s optional, explaining your disagreement could demonstrate your involvement and encourage schools to approve your IEE request.
• Schools cannot delay providing the IEE because you choose not to explain your concerns.
• The independent evaluator must meet the school’s criteria, such as qualifications and geographic location, unless unique circumstances justify a deviation from these criteria.

By understanding these conditions, parents can effectively request an IEE without incurring unnecessary expenses or delays. It’s important to note that schools cannot impose overly restrictive conditions or deny funding for an IEE without filing for a due process hearing to defend their initial evaluation.

When Can You Request an IEE?

Parents can request an Independent Educational Evaluation (IEE) when they disagree with the results of a school’s evaluation. The disagreement doesn’t have to be formal or detailed—simply feeling that the evaluation missed something important is enough to trigger your right under IDEA to request an IEE.

Disagreeing With the School’s Evaluation

The most common reason to request an IEE is when you believe the school’s evaluation doesn’t accurately reflect your child’s needs. This might happen if the evaluation concludes your child doesn’t qualify for special education services, but you feel the decision was based on incomplete information.

For example, if the school assessed academic performance but skipped behavioral or social-emotional concerns, their evaluation might not provide a full picture. If you disagree with their findings, you have the right to request an IEE.

Incomplete or Inadequate Evaluations

Parents can also request an IEE if the school’s evaluation was incomplete. Under IDEA, schools are required to assess all areas related to a suspected disability. If not, parents can request an IEE to fill the gaps.

For instance, if your child struggles with reading but the school didn’t include a dyslexia screening in their evaluation, or if executive functioning concerns for ADHD weren’t assessed, you can request an IEE to determine if those areas are impacting the child’s education. The IEE process ensures that your child gets a comprehensive evaluation, addressing all their needs.

The IDEA Rule: One IEE Per Evaluation

Under IDEA, parents are entitled to request one IEE per Consent to Evaluate they sign. This means that each time the school requests your consent for one or more evaluations (through the Consent to Evaluate form) and completes the evaluation(s) based on that consent, you can request one independent educational evaluation (IEE) at public expense if you disagree with the results.

If the parent signs a new Consent to Evaluate form for any new or additional evaluations, and they disagree with the evaluation, they can request another IEE. However, parents are not entitled to multiple IEEs for the same Consent to Evaluate.

This rule allows parents to request a second opinion on the evaluation(s) conducted by the school while ensuring that the process remains equitable for both the parent and the school. It helps ensure that parents have access to an IEE when necessary, but it also protects the school from multiple requests for the same Consent to Evalaute. If the school’s evaluation is incomplete or inaccurate, the IEE provides a way for parents to advocate for their child’s needs.

Examples of When to Request an IEE

• Your child’s behavior in school is disruptive or results in removal from the classroom, but the school’s evaluation did not include a functional behavioral assessment (FBA) or other behavior-related assessments to address these needs.
• The school assessed academic areas but failed to evaluate other relevant domains, such as speech, motor skills, or developmental concerns, even though these issues impact your child’s ability to access the educational environment.
• The school conducted an evaluation but determined that your child does not meet eligibility criteria as a child with a disability under IDEA, resulting in the denial of an IEP.
• The evaluation results do not align with what you observe in your child’s behavior or performance at school.
• The testing was not administered according to standard protocols, or anomalies occurred during testing that could affect the validity of the results.

Understanding when and how to request an IEE provides parents with a valuable tool to ensure their child receives the educational support they need. If you’re uncertain about the process or the areas to address, professional support, like PASEN.org’s advocacy services, can help guide you every step of the way.

Steps in the IEE Process

The IEE process might feel intimidating, but breaking it into manageable steps makes it much easier to navigate. Here’s a clear guide to help you through the process from start to finish.

Step 1: Identify the Issue
The first step is to carefully review the school’s evaluation of your child. Look for areas where you disagree with the results or feel the evaluation does not reflect the child’s ability. This might include concerns about behavior, academic struggles, or social-emotional development that weren’t fully assessed.

For example, if your child is struggling with focus and hyperactivity but the school didn’t assess for executive functioning, that’s a gap that could justify requesting an independent education evaluation.

Step 2: Request an IEE in Writing
After identifying the areas of disagreement with the school’s evaluation, submit your request for an Independent Educational Evaluation (IEE) in writing. This is a critical step because a written request establishes a clear record of your concerns and initiates the formal process.

In your letter, you do not need to detail every concern but should briefly mention the general areas where you believe the evaluation was insufficient. If you need guidance on how to word your request or what to include, consider reaching out to PASEN.org for low-cost advocacy support in drafting your letter.

Step 3: Wait for the School’s Response
After you submit your request, the school must respond. They have two options under IDEA:

1. Approve your IEE request and agree to fund the evaluation at public expense.
2. File for due process to defend their original evaluation.

The school must act without unnecessary delay, so keep track of the timeline. If the school files for due process, they’ll need to prove that their evaluation was appropriate.

Step 4: Choose an Independent Evaluator
If the school approves your request, you’ll need to select a qualified evaluator to conduct the IEE. The evaluator must meet the school’s criteria but cannot be an employee of the district. This ensures the evaluation remains independent and unbiased.

The school may provide a list of approved evaluators, but you don’t have to choose from it. As long as the evaluator meets the qualifications (criteria) set by the district, you can choose someone who isn’t on their list. Make sure to confirm that the evaluator understands the school’s requirements and billing to avoid any issues with reimbursement.

The School’s Obligations Under IDEA

If the school denies your IEE request, they cannot simply say no and move on. IDEA requires schools to act promptly by filing for a due process hearing. In this hearing, the school must prove that their evaluation was appropriate. 

This obligation safeguards your right to request an independent education evaluation if you believe the school’s assessment falls short of meeting your child’s needs. Schools must take action quickly to avoid unnecessary delays that could impact your ability to advocate effectively.

Your Options if the School Denies the Request

When you request an Independent Educational Evaluation (IEE) and the school denies your request, they are required to file a due process complaint to defend their evaluation. However, if you don’t wish to participate in due process, you can choose to drop your IEE request, and the school will typically drop their due process complaint as well.

The IDEA provides procedural safeguards to protect parents’ rights during the evaluation process. Familiarizing yourself with these safeguards is essential as you navigate the IEE process. If you decide not to pursue due process, there are alternative dispute resolution options available to address your concerns and potentially secure an IEE in another way:

• Mediation: Mediation is a voluntary and less formal process where both the parent and the school work with a neutral third-party mediator to reach a resolution. Mediation can often lead to a quicker, less stressful resolution compared to a due process hearing. In mediation, the goal is to work together and find a mutually agreeable solution, which could include agreeing to fund an IEE or resolving the concerns in another way.

• State Complaints: If mediation doesn’t lead to a satisfactory resolution, you can file a state complaint with your state’s education agency. This involves submitting a written complaint that outlines your concerns, including the denial of your IEE request or any issues with the school’s evaluation process. The state will investigate the complaint to ensure that the school is complying with IDEA regulations. This is a more formal process than mediation but still less complicated and expensive than due process.0

Staying Organized and Documenting Communication

No matter which path you choose, it’s essential to stay organized and keep a clear record of all communication with the school. This includes emails, letters, phone calls, and meetings. Documenting everything will help you stay on track and be prepared if you need to pursue mediation, file a state complaint, or go through due process. 

How to Stay Prepared

If the school denies your IEE request, you don’t have to navigate the next steps alone. Consider seeking support from advocacy organizations like PASEN.org, which can help guide you through mediation, due process complaints, or any additional steps needed to protect your child’s rights.

Understanding your options and acting quickly can help ensure that your child gets the comprehensive evaluation they need. The IEE process is there to support parents in advocating for their children, even when schools push back.

How Are IEE Results Used?

An independent education evaluation can provide valuable insights into your child’s needs, and schools are required to consider the results as part of the IEE process. These results play a critical role in ensuring that your child’s educational plan is accurate and effective.

Determining Eligibility for Special Education

The main use of IEE results is to determine your child’s eligibility for special education services under IDEA. If the school’s evaluation concluded that your child isn’t eligible, an IEE might provide the additional data needed to support eligibility.

For example, if a school’s evaluation didn’t include a thorough assessment of a suspected learning disability, the IEE could reveal deficits in areas like reading comprehension or executive functioning. This additional information can lead to a determination that your child is eligible for services they might have otherwise been denied.

Developing or Revising the IEP

If your child is already receiving special education services, the IEE results can help refine their Individualized Education Program (IEP). Schools are required to consider IEE findings when developing or revising the IEP to ensure that the plan meets your child’s unique needs.

For instance, if an IEE shows that your child needs targeted support in social-emotional skills or sensory processing, the school must discuss these findings during the IEP meeting. This could lead to adding new accommodations, services, or goals that better address your child’s challenges.

Presenting IEE Results in Due Process Hearings

IEE results can also be used as evidence in due process hearings. These evaluations often carry significant weight because they come from independent professionals who are not employed by the school district.

For example, if a school claims your child’s struggles are solely behavioral and unrelated to a disability, an IEE might document underlying issues like ADHD or a specific learning disability. This evidence can strengthen your case and ensure your child receives the support they need.

What Parents Should Know About IEE Costs

The cost of an independent education evaluation can feel like a barrier, but understanding your options can make it more manageable. Whether the IEE is funded by the school or paid for privately, it’s important to know how the IEE process works and what to expect.

IEEs at Public Expense

If you meet the criteria under IDEA, the school may be required to fund your child’s IEE at public expense. This means that the school covers the cost of the evaluation, but you still have the right to choose a qualified independent evaluator.

For an IEE to be funded publicly, the IEE request must follow IDEA guidelines. The school may require the evaluator to meet certain criteria, such as holding specific qualifications or being located within a reasonable distance. These criteria must be consistent with those the school applies to its own evaluators and cannot be overly restrictive.

For example, schools may limit the maximum cost of an evaluation, but if unique circumstances justify higher costs—such as needing a specialized evaluator for a rare condition—the school cannot automatically deny payment. Instead, they must initiate a due process hearing to prove why additional costs shouldn’t be covered.

IEEs Funded Privately

If you don’t meet IDEA’s criteria for public funding or prefer an evaluator who doesn’t meet the school’s requirements, you can choose to fund the IEE privately. This option allows you complete control over who conducts the evaluation but requires you to cover the costs yourself.

Some parents choose this route to work with a specific evaluator with expertise in a particular area, even if the evaluator doesn’t meet the school’s criteria. While you can share the results of a privately funded IEE with the school, keep in mind that the school is only required to consider the evaluation if the evaluator meets their criteria.

What Schools Can and Cannot Do

Schools can impose reasonable criteria for publicly funded IEEs, such as requiring evaluators to have appropriate credentials or limiting the distance they’ll travel for an evaluation. However, these criteria must align with IDEA’s rules and cannot create unnecessary obstacles. For example:

• Schools cannot require parents to choose from a pre-approved list of evaluators if other qualified evaluators meet the criteria established by the school. Parents must also have the option to demonstrate unique circumstances if they wish to select an evaluator outside the established criteria.
• Schools cannot impose conditions beyond what IDEA allows, such as requiring that evaluators be employed by the school district or meet unrelated qualifications, like having “recent and extensive experience in the public schools,” which may limit access to appropriate specialists (e.g., clinical psychologists or assistive technology experts).
• Schools cannot unreasonably delay the process by failing to provide timely information about their criteria or approved evaluators. Under 34 CFR § 300.502(b)(2), the school must either file for due process or fund the IEE at public expense “without unnecessary delay.”
• Schools cannot impose arbitrary cost limits without giving parents the opportunity to demonstrate that unique circumstances justify exceeding those limits.

Navigating IEE Costs

Understanding how Independent Educational Evaluations (IEEs) are funded and what criteria apply can help you make informed decisions about the evaluation process. Schools can set reasonable criteria for publicly funded IEEs, but if those criteria conflict with IDEA’s protections, it’s important to know your rights. For example, schools cannot impose excessive restrictions, unreasonably delay the process, or limit your choice of evaluators without justification.

If you encounter unreasonable conditions, you can challenge these restrictions through mediation or a due process complaint. Letters such as Letter to Savit (2014) and Letter to Anonymous (2010) provide guidance, highlighting parents’ entitlement to an IEE at public expense when school-imposed criteria conflict with IDEA regulations.

Whether you pursue public funding or opt to pay privately, the IEE process ensures you have access to the tools needed to advocate for your child’s education. If you are unsure how to proceed, organizations like PASEN.org offer low-cost advocacy services to help you navigate these challenges and secure the support your child needs.

Common Mistakes to Avoid in the IEE Process

The IEE process can be straightforward, but certain pitfalls can slow things down or create unnecessary challenges. Here are some common mistakes parents make during the process and practical tips to avoid them.

Failing to Submit a Written Request

One of the biggest mistakes is not submitting the IEE request in writing. While verbal requests may seem simpler, they don’t create a clear record of your concerns or formally trigger the school’s obligation to respond.

To avoid this mistake, always submit your IEE request as a written letter or email. Keep a copy for your records and include important details, such as the date, your child’s name, and the reason for your disagreement with the school’s evaluation. If you’re unsure how to write the letter, there are templates available, or you can reach out to PASEN.org for assistance.

Not Documenting Communication With the School

Another common error is failing to keep track of communications with the school. Without proper documentation, it can be difficult to prove timelines or show that the school has delayed the process.

To prevent this, maintain a communication log. Record the date, time, and details of every phone call, email, or meeting about your IEE request. Save all written correspondence, including emails and any letters you send or receive from the school. If the school provides verbal responses, ask for written confirmation to ensure there’s a clear paper trail.

Accepting Unreasonable Delays or Conditions

Schools are required to respond to an IEE request without unnecessary delay. However, some schools may stall the process or impose unreasonable conditions, such as limiting your choice of evaluators to a pre-approved list.

If the school delays their response or sets conditions that don’t align with IDEA guidelines, don’t hesitate to take action. First, review your rights under IDEA to understand what is reasonable. You can follow up with a polite but firm written request for the school to comply. If the delay continues, consider pursuing mediation or filing a due process complaint.

Tips for Staying on Track

• Be proactive: Submit your IEE request in writing as soon as you identify concerns with the school’s evaluation.
• Stay organized: Keep detailed records of all communications and documentation related to your IEE request.
• Know your rights: Familiarize yourself with IDEA requirements to recognize when delays or conditions are unreasonable.
• Get support: Advocacy organizations like PASEN.org can help you navigate challenges and ensure the process moves forward smoothly.

Avoiding these common pitfalls can save time and frustration, making it easier to focus on what matters most—getting the right support for your child. With proper preparation and persistence, the IEE process can become a valuable tool in advocating for your child’s educational success.

Conclusion

Your voice matters. By understanding your rights and taking confident action, you can ensure your child gets the support they deserve. Every effort you make brings them closer to achieving their full potential.

FAQ: IEE Process in Education 

Q1: What is an IEE in special education, and what does it stand for?

A1: IEE stands for Independent Educational Evaluation. Under the Individuals with Disabilities Education Act (IDEA), an IEE is an evaluation conducted by a qualified professional who is not employed by the school district. It allows parents to seek an independent second opinion regarding their child’s educational, behavioral, or developmental needs if they disagree with the school’s evaluation. According to IDEA regulations (34 C.F.R. § 300.502), schools must consider the results of an IEE when determining eligibility for special education and related services. Parents have the right to request an IEE at public expense when they disagree with a school’s evaluation.

Q2: What are the benefits of an IEE?
A2: The benefits of an IEE include:

• A thorough and unbiased evaluation of your child’s needs.
• Insights into areas the school may not have assessed, such as behavior, sensory processing, or social-emotional skills.
• Results that the school is required to consider for eligibility or IEP planning (34 C.F.R. § 300.502(b)).

Q3: How does an IEE help with an IEP?
A3: An IEE provides additional information that the school is required to consider when developing or revising the IEP. The IEE can help identify areas of need that may not have been fully assessed by the school, such as behavioral concerns, sensory processing, or social-emotional needs.

Q4: What does the IEE process include?
A4: The IEE process typically involves:

• Identifying the areas of disagreement with the school’s evaluation.
• Submitting a written IEE request to the school.
• Selecting a qualified independent evaluator.
• Reviewing and discussing the results with the school, which must consider these findings when developing or revising the IEP (34 C.F.R. § 300.502(b)).

Q5: How do I request an IEE?
A5: To request an IEE, you need to submit a written request to the school district stating that you disagree with the evaluation and are requesting an independent evaluation at public expense (34 C.F.R. § 300.502(b)(1)).

Q6: How do I find an independent educational evaluator near me?
A6: Schools may provide parents with a list of evaluators; however, if parents prefer not to use an evaluator from the school’s recommended list, they may:

• Request the evaluator criteria from the school to ensure that the evaluator you select meets their requirements [34 C.F.R. § 300.502(e)].
• Seek recommendations from local parents or in online communities, such as local Facebook groups, where other families may share their experiences with evaluators.
• Look for professionals who specialize in the areas relevant to your child’s needs, such as speech therapy, psychology, or occupational therapy, and who are willing to collaborate with the school.

Q7: How is an IEE different from a school evaluation?
A7: The main difference is that an IEE is conducted by an independent evaluator, whereas a school evaluation is conducted by staff employed by the district. An IEE provides a second opinion and ensures objectivity, which may not always be present in school evaluations (34 C.F.R. § 300.502).

Q8: What is the difference between an IEE and a private evaluation?
A8: An IEE is conducted by an independent evaluator and may be funded at public expense if the parent meets the criteria under IDEA. A private evaluation, on the other hand, is paid for entirely by the parent and is not subject to IDEA’s requirements for school consideration or funding.

Q9: What happens if the school denies my IEE request?
A9: If the school denies your request for an IEE, they must file for a due process hearing to defend their evaluation. If they fail to do so, they are required to provide the IEE at public expense (34 C.F.R. § 300.502(b)(2)).

Q10: What happens if the school refuses to conduct an evaluation or delays the process?
A10: If the school refuses to conduct an evaluation or unreasonably delays the process, parents can challenge the school’s decision by requesting mediation or filing a state complaint or due process. The school is required to respond to the evaluation request within a reasonable timeframe.

Q11: Can a parent request an IEE at any time during the evaluation process?                                                                           A11: No. A parent can only request an IEE after the school has completed its evaluation and if the parent disagrees with the results. Under the IDEA, parents have the clear right to request an IEE at public expense up to one year after the school’s evaluation, and they may have up to two years under the general statute of limitations for due process complaints, depending on school district policy. It is recommended that parents make their request in writing within one year when their concerns are identified and to avoid delays (34 C.F.R. § 300.502).

Q12: Can I request an IEE if the school hasn’t evaluated my child yet?
A12: No. An IEE can only be requested after the school has completed its evaluation. If the school refuses to evaluate your child, you can file a written request for an initial evaluation. If they deny it, you can pursue mediation or a due process hearing under IDEA.

Q13: What happens if the school only conducts a record review and denies eligibility?
A13: If the school conducts an evaluation based solely on a review of existing data and the IEP team determines no additional assessments are needed, parents are still entitled to request an IEE at public expense (34 C.F.R. § 300.502). However, if the school refuses to conduct an initial evaluation, claiming no suspicion of disability, the parent is not entitled to an IEE. In such cases, the parent can challenge the decision through mediation or a state complaint, and if necessary, file for due process.

References

• 34 CFR § 300.304
  https://www.law.cornell.edu/cfr/text/34/300.304 
• 34 CFR § 300.502
  https://www.law.cornell.edu/cfr/text/34/300.502 
• Independent Educational Evaluation (IEE) Reference Document https://www.azed.gov/sites/default/files/2024/08/Independent%20Educational%20Evaluation%20flowchart%20and%20reference%20document%20July%202024.pdf 
• Independent Educational Evaluations: Your Top 10 Questions Answered!
  https://cdn-files.nsba.org/s3fs-public/01_04_Top_IEE_Questions_RV_Garner.pdf
• Letter to Savit (2014)
  https://sites.ed.gov/idea/files/idea/policy/speced/guid/idea/memosdcltrs/acc-13-009888r-md-savit-evaluation-2-10-14.pdf 
• Letter to Anonymous (2010)
  https://sites.ed.gov/idea/files/idea/policy/speced/guid/idea/letters/2010-1/redacteda011310eval1q2010.pdf 
• POLICY LETTER: February 20, 2004 to California Department of Education Assistant Superintendent Alice D. Parker
  https://sites.ed.gov/idea/files/idea/policy/speced/guid/idea/letters/2004-1/parker022004iee1q2004.pdf