Independent Educational Evaluation
A parent has the right to an Independent Educational Evaluation (IEE) at public expense if the parent disagrees with an evaluation obtained by the LEA (34 CFR 300.502(b)(1)). Public expense means that the LEA either pays for the full cost of the evaluation or ensures that the evaluation is otherwise provided at no cost to the parent consistent with the provisions of the Individuals with Disabilities Education Act (IDEA) regarding the use of IDEA Part B formula amounts in general. A parent is limited to only one IEE at public expense each time the LEA conducts an evaluation with which the parent disagrees (34 CFR 300.502.(b)(5)).
What We Do
Parents have a right to request and obtain an Independent Educational Evaluation or IEE at any time during their child's education and to have the FIE considered by the school district in any decision made with respect to providing a free, appropriate, public education (FAPE). An independent educational evaluation (IEE) is an evaluation conducted by a qualified examiner who is not employed by the school district responsible for the student's education.
Parents must submit a written request for an IEE if he/she disagrees with the evaluation results (a) of testing conducted by TSD evaluation staff or (b) because the student was not assessed in a particular area. It is typical, but not a requirement, that a request for an IEE occurs in an ARD Committee meeting following an initial evaluation or reevaluation.
When the parent presents the school with a parent initiated evaluation or an IEE, the data is given to the evaluator for consideration by the Admission Review and Dismissal Committee (ARD).
- After the ARD Committee has reviewed the data, the ARD committee will report and take any action deemed appropriate by the district.
While the parent has a right to obtain an IEE at his/her own expense, federal law provides a parent with the right to one IEE at public expense if the parent disagrees with the school district's evaluation. A parent may request a publicly funded IEE for each evaluation completed by the district. When a parent notifies the district that he or she disagrees with an evaluation and requests an IEE, the district must respond within a reasonable time, either by agreeing to provide the IEE or by initiating a due process hearing to show that the school district's FIE is appropriate.
If request for an IEE is granted, the criteria under which the evaluation is obtained, including the location of the evaluation and the qualifications of the examiner, must be the same as the criteria that the school uses when it initiates an evaluation. The school may not impose any other conditions or timelines related to obtaining an IEE.
- Once an IEE is agreed upon, the school will initiate a contract with the qualified provider.
- The parent must sign a consent for evaluation and a consent to share confidential information between the IEE evaluator and the school.
- Th evaluator must schedule all observations and interviews with staff with the Special Education Director and department Principal.
- Once the evaluation is complete, the IEE evaluator will provide both the school and the parent with a copy.
The school may provide additional payment for the IEE evaluator to attend the ARD where the report is shared.