What You Need to Know About Independent Educational Evaluations at Public Expense aka IEEs

INDEPENDENT EDUCATIONAL EVALUATIONS at PUBLIC EXPENSE aka IEEs

There is a lot of misinformation out there concerning Independent Educational Evaluations at Public Expense aka IEEs. It's important to know that a parent's/guardian's right to obtain an Independent Educational Evaluation at public expense is part of the Procedural Safeguards in IDEA Part B, Subpart E. When a parent does not agree with the results of the individualized evaluation of their child, as conducted by the school system, they have the right to obtain what is known as an Independent Educational Evaluation, or an IEE.

The IEE should ALWAYS be requested in writing to the school district.

Obtaining an IEE DOES NOT require a Committee on Special Education (CSE) meeting- it does not require a decision by the Committee.

Parents can request an IEE in an area that was not previously assessed by the school district’s evaluation. (See OSEP Letter to Baus https://www2.ed.gov/policy/speced/guid/idea/memosdcltrs/acc-14-012562r-baus-iee.pdf) AND parents do not need to allow school districts to cure defects in the evaluations conducted by the school district before the IEE can be conducted. (See OSEP Letter to Carroll https://sites.ed.gov/idea/files/policy_speced_guid_idea_memosdcltrs_carroll-iee-policy.pdf)

When a parent/guardian requests an IEE in writing, the school district cannot delay responding, they cannot say "No" without pursuing an impartial hearing. They have 2 choices- grant the IEE request OR take the parent/guardian to Due Process to prove that the school district evaluation was adequate.

The school district can establish criteria for the IEE, including including the location of the evaluation and the qualifications of the examiner. These criteria must be the same as the criteria that the public agency uses when it initiates an evaluation, to the extent those criteria are consistent with the parent’s right to an independent educational evaluation. BUT IDEA regulations in § 300.502 specifically state, "...Except for the criteria described in paragraph (e)(1) of this section, a public agency may not impose conditions or timelines related to obtaining an independent educational evaluation at public expense."

School districts, as the local educational authority (LEA), may establish maximum allowable costs. These costs must be "reasonable"(see https://www2.ed.gov/policy/speced/guid/idea/letters/2002-4/redact100902iee4q2002.pdf) BUT a child's unique circumstances may justify an IEE that does not fall within the district's criteria.

There's more. And to provide you with the resources you need, here are the links

IDEA 2004 Regulations https://sites.ed.gov/idea/regs/b/e/300.502

NYS Regulations of the Commissioner of Education http://www.p12.nysed.gov/specialed/lawsregs/part200.htm

NYS Procedural Safeguards (July 2017) http://www.p12.nysed.gov/specialed/formsnotices/documents/NYSEDProceduralSafeguardsNoticeJuly2017v2.pdf

Office of SPECIAL EDUCATION & REHABILITATIVE SERVICES (OSERS) OSEP Policy Documents Regarding the Education of Infants, Toddlers, Children and Youth with Disabilities: Independent Education Evaluations (2001-2019) https://www2.ed.gov/policy/speced/guid/idea/letters/revpolicy/tpiee.html?fbclid=IwAR0eyfOxj-fLmgeYtj80REsjd_UNTOkmXcNbOjRhS-RmodERX0csAZJC3kk

Center for Parent Information and Resources "Right to Obtain an Independent Educational Evaluation" https://www.parentcenterhub.org/iee/

Wrightslaw "Independent Educational Evaluations: What? Why? How? Who Pays?" https://www.wrightslaw.com/info/test.iee.steedman.htm

Understood "Independent Educational Evaluations (IEEs): What You Need to Know" https://www.understood.org/en/school-learning/evaluations/evaluation-basics/independent-educational-evaluations-iees-what-you-need-to-know

RISE LI's blog posts are for information only. No legal advice is offered.

#IEE #proceduralsafeguards #IDEA2004