Requesting an IEE at public expense

An independent educational evaluation (IEE) is an evaluation done by a qualified person who does not work for your school district. If you disagree with an evaluation the school did, the federal rules give you the right to ask for one at public expense, meaning the district pays or makes sure it costs you nothing.^[1]

The steps below follow those rules. States and districts add their own procedures, such as a list of approved evaluators or cost limits. This is general information; for a dispute about your own child, an advocate or lawyer can explain your state's rules. The special education rights overview lists the IEE alongside your other rights.

Step 1: Check that an IEE fits your situation

The right applies when the school has done an evaluation and you disagree with it.^[1] You might think a test missed an area, such as language or attention. You might think the scores do not match what you see at home. Or the evaluator may have used tests that were not right for your child's language or disability.

If the school has never evaluated your child, the first step is a request for an initial evaluation instead. The evaluation request letter guide covers that.

Example: The school's reevaluation of a fourth grader tested reading but not oral language. The parent believes language is part of the problem. That is a disagreement with the evaluation, so an IEE fits.

Step 2: Read the school's evaluation report closely

Before you write, read the report and note what you disagree with. You do not have to share your reasons, but knowing them helps you pick the right evaluator. The guide on how to read a psychoeducational report explains the scores.

Example: The parent writes three notes: "No language testing. Reading comprehension tested only with short passages. Report says attention is fine, but teacher notes say he needs 4 to 5 reminders per lesson."

Step 3: Ask for the district's IEE criteria

When you ask, the school must tell you where you can get an IEE and what criteria an IEE must meet.^[1] Criteria can cover the evaluator's location and credentials. They must be the same criteria the district uses for its own evaluations.

Example: The district says evaluators must be licensed in the state and within 50 miles. It sends a list of 6 evaluators but says parents may choose someone else who meets the criteria.

Step 4: Put the request in writing

The federal rule does not say a request must be written, but a dated letter or email gives you a record. Keep it short.

The school may ask why you disagree, but it cannot require you to explain, and it cannot delay while it waits for an answer.^[1]

Step 5: Wait for the school's answer

The district has two choices. It must, without unnecessary delay, either make sure the IEE is provided at public expense or file a due process complaint to show its evaluation was appropriate.^[1] If a hearing officer finds the district's evaluation appropriate, you can still get an IEE, but not at public expense.

"Without unnecessary delay" has no fixed number of days in the federal rule. Some states set one. If weeks pass with no answer, a follow-up email is reasonable.

Step 6: Schedule the evaluation and share the results

Once approved, you contact the evaluator. The evaluator writes a report. The school must consider the results in any decision about your child's education, as long as the IEE meets district criteria.^[1] It does not have to agree with every recommendation.

You may also share an IEE you paid for yourself. The same rule applies: if it meets the criteria, the team must consider it.

Step table with the time each step takes

The times below are typical illustrations, not legal deadlines. Your state may set its own.

A worked example from start to finish

This example is fictional.

Eli is 10 and in grade 4. The district completes his three-year reevaluation on March 4. It finds him still eligible for a learning disability in reading but tests no oral language. His reading comprehension standard score is 82; his teacher reports he follows only one of three spoken directions.

• March 11: His mother reads the report and writes down three disagreements.
• March 12: She emails the special education office asking for IEE criteria.
• March 18: She gets the criteria and a list of 6 evaluators. She sends her written request the same day.
• April 2: The district approves the IEE in writing and confirms a cost cap in line with local rates.
• April 9: She books a speech-language pathologist from the list. The first opening is May 6.
• May 6 and 13: Two testing sessions, about 2 hours each.
• June 3: The report arrives. It finds a language disorder and recommends 30 minutes a week of language therapy.
• June 14: The IEP team meets, reviews the IEE alongside the school's evaluation, and adds a language goal and service.

Total time from disagreement to a team decision: about 13 weeks. The mother kept every email in one folder.

Common mistakes

• Weak: Waiting until the IEP meeting to say you disagree. Better: Send the request in writing soon after you read the report, so the clock starts.
• Weak: Writing a two-page letter arguing each score. Better: Two or three sentences: you disagree, you request an IEE at public expense, please send criteria.
• Weak: Booking any private evaluator before checking the criteria. Better: Ask for the criteria first, so the district pays and must consider the results.
• Weak: Asking for a second IEE because you disliked the first one. Better: The rule allows one IEE at public expense each time the district does an evaluation you disagree with.^[1]
• Weak: Assuming the team must adopt every recommendation. Better: Expect the team to consider the IEE; ask for prior written notice if it refuses a recommendation.

If the district says no

If the district files for a due process hearing instead of paying, a hearing officer decides whether its evaluation was appropriate. The due process hearing guide explains how hearings work, and mediation vs due process compares the options. A hearing officer can also order an IEE as part of a hearing.^[1]

Your state's Parent Training and Information Center can help you prepare, free of charge.^[2] The IEE glossary entry has a short definition you can share with family members.

Frequently asked questions

Use it in IEP Atlas

• IEE in the IEP glossary
• Procedural safeguards in the IEP glossary
• IDEA in the IEP glossary
• Reevaluation in the IEP glossary

Related guides

• Special education rights for parents and students: an overview
• What is FAPE? Free appropriate public education explained
• Mediation vs due process vs state complaint
• Prior written notice: when it is required and what it contains
• Due process hearings: steps and timelines

Sources

1. 34 CFR §300.502: Independent educational evaluation, U.S. Department of Education (IDEA website)
2. Center for Parent Information and Resources, CPIR
3. Right to Obtain an Independent Educational Evaluation, CPIR

Written and checked by the IEP Atlas editorial team under our editorial policy. This guide describes general practice and federal rules. It is not legal advice; your state may add requirements, and the IEP team makes the decisions for each student.