The parents’ right to obtain an independent educational evaluation (IEE) of their child is an important IDEA procedural safeguard. School districts conduct evaluations to provide information to the student’s IEP team to determine whether a student has a disability and, if so, the services the student will need. Thus, a student’s school program is largely based on the results of evaluations. An inaccurate or incomplete evaluation may lead to inappropriate services.
So, there are times when parents might be concerned that the school’s evaluations do not accurately reflect their child’s disability or educational needs. And, there are times when parents would just like a second opinion. An IEE means an evaluation conducted by a qualified examiner who is not employed by the public agency responsible for educating the child. Thus, obtaining an Independent Educational Evaluation allows parents access to an evaluation conducted by someone outside of the school district and to provide that information to their child’s IEP team.
Independent Educational Evaluations at Parent Expense
Parents have the right to obtain an IEE at their own expense and share it with the school district. If parents request an IEE, school districts are required to provide the parents with information about where they may obtain an independent evaluation. Moreover, if parents share their privately purchased evaluation with the school district, the IEP team must consider the results of the evaluation. Considering the IEE, however, does not mean the IEP team must agree with it. If the IEP team disagrees with all or part of the IEE, the team should document why it did not accept the findings and recommendations of the independent educational evaluation.
Additionally, if the parents share their privately purchased evaluation with the school district and there is a hearing regarding the child’s program, the IEE may be presented by the parents or the school district as evidence at the hearing.
Independent Educational Evaluations at Public Expense
If parents disagree with the evaluations done by the school district, the parents have the right to request an IEE to be paid at public expense. If parents request an IEE at public expense, the school district must either (1) provide the IEE or (2) request a hearing to show that the school district’s evaluation was appropriate. Thus, if the district does not wish to pay the costs of the independent evaluation, the school district must request a hearing to show that the district’s evaluation is appropriate.
If parents obtain an evaluation at public expense, the district must consider the results of the evaluation in making educational decisions about the child. Again, the fact that the district must consider the evaluation does not mean that it must agree with its findings and recommendations. Finally, if there is a hearing regarding the child’s program, the publicly funded IEE may be presented as evidence by the parents or the school district at the hearing.
What Does Public Expense Mean?
At public expense means that the school district pays for the full cost of the IEE or ensures that the evaluation is provided at no cost to the parent. According to the Office of Special Education Programs (OSEP) in Letter to Heldman 20 IDELR 621(OSEP 1993), in a case in which an overnight trip was necessary to obtain the IEE, public expense may include covering the parents’ related travel costs, including reasonable meal and lodging expenses. Parents are not entitled to unlimited evaluations at public expense. The IDEA 2004 clarified that parents are limited to only one IEE each time the school district conducts an evaluation with which the parent disagrees.
May the Independent Evaluator Observe the Student in the Current Placement?
Under the IDEA regulations at 34 CFR 300.502 (e), if the IEE is at public expense, “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 which the public agency uses when it initiates its evaluation.” According to OSEP in Letter to Wessels 16 IDELR 735 (OSEP 1990), this means if the school district (public agency) observed the student as part of its evaluation, or if the district’s “assessment procedures make it permissible to have in-class observation of the child, the independent evaluator has the right to do so.”
What if the district’s procedures do not allow in-class observation? In that case, if the parent believes that in-class observation is necessary to assess the child, the parent can request a hearing to challenge the district’s evaluation because it did not include in-class observation.
Conclusion
It has been my experience, that sometimes school districts will purchase independent evaluations to obtain additional information on a child’s educational needs. The IEP team wants to serve the child and may welcome an independent assessment to help design a program to meet the child’s needs. Additionally, an independent evaluation can sometimes be useful to help resolve disagreements between a child’s parents and school personnel. The opinion of an independent person, with “no axe to grind,” may help the parents and the school resolve a disagreement and avoid the need to resort to lengthier dispute resolution procedures. An independent evaluation may be a very helpful tool for an IEP team to identify the needs of a student with a disability.
Filed under: Individuals with Disabilities Education Act, Special Education Law, children with disabilities
Thank you
You are very welcome and thank you for taking the time to provide feedback.
Mr. Chapman,
I have several questions regarding an IEE for my child.
1. I have already held an IDR and a Mediation Only meeting to obtain services for my child through the school district, but they refused and we did not come to an agreement at the Mediation meeting.
I am looking to have my child evaluated, but I am unsure what to look for or what questions to ask.
My child is 7 years old, getting ready to enter the second grade next week in an SDC setting. She has been diagnosed with Cerebral
Palsy and Mental Retardation. She currently receives Speech services at school and nothing else. My child cannot read, write, or do simple math.
I sought out an outside evaluation for OT/PT from Children’s Hospital in California since the school district denied my request.
My child is at the low end of every single assessment and/or evaluations yet she is not entitled to any additional services despite her not meeting any of her goals written in the I.E.P.
If you can provide me information as to what to do or how to proceed from where I am at now, I would greatly appreciate it.
I am greatly concerned about my child’s education.
I look forward to hearing from you.
Lesa
Lesa,
Thanks for your questions. You stated that you requested an IEE from the school district but they refused. The IDEA requires that if a parent requests an IEE at public expense, the school district must either provide the IEE or request a hearing to show that the district’s evaluation is appropriate. So, the district should have requested a hearing in this circumstance. Did you request the IEE in writing? If so, and the district did not provide the evalaution or the hearing,some time has passed since your request, there is a chance you might be able to get the evalaution ordered by a complaint with the State Education Agency or the US Office for Civil Rights. The idea is that since the district was required to do the IEE or request the hearing and did neither, it’s required to provide the evalaution. It appears that you may need support in determining what evalautions or intervention is needed for your child. Since you stated your IEE request was for an evalaution in California, I’m assuming you live in California. I think it is likely that you could get some advocacy and problem solving assistance from the Protection and Advocacy System in California. It might be very worth your while to contact them. They have offices in Fresno, Los Angeles, Oakland, Sacramento, and San Diego their website is http://www.pai-ca.org/index.htm and you can reach them at 800.776.5746. I hope this has been helpful and thank you for reading my blog.
[...] The parents, however, were also seeking reimbursement after April 7th and relying on the fact the school district had violated a California law requiring it to provide the parents an equivalent opportunity for classroom observation when conducting an independent educational evaluation (IEE). This California law is similar to the requirements in the IDEA regulations and for more information regarding independent evaluations and the evaluators access to the classroom please see From the Outside Looking In: Independent Educational Evaluations). [...]
Our school district notified me today that they will only agree to an IEE if they agree with the provider I select, otherwise they will refer it to a hearing. They have sent me a list of 4 “approved” providers. I am concerned about using any providers recommended by the District. Should I call their bluff or send them the names of the providers I am considering to see where it goes?
Thanks!
Hi Jenny and thanks for your question. Generally, the school district may require that IEEs meet agency criteria which means that the qualifications of the independant evaluator be the same as the qualifications the district applies when it conducts an evaluation. (see quote below from 34 CFR 300.502(c)(2).)That is not the same as requiring a choice from a list of “approved providers”. So long as the individuals on YOUR list meet those qualifications you should be able to choose one of them for the IEE. You can ask the district for its criteria and select a qualified person from your list or send your list of names, pointing out you are aware the individual must meet the district’s qualifications, ask them to tell you which of the individuals on your list meet their criteria. You also might consult with the people you have selected about the ability of the indivduals on the district’s list to provide an objective evaluation. They might support one of the district’s choices and you can avoid this particular disagreement with the district. Keep in mind that, practically speaking, if the district “buys in” to the evaluator, it is more likley it will “buy in” to the evaluator’s recommendations. Thus, if you and the district can agree on who does the IEE, it is more likely that the IEP team might agree with the results of the IEE. I wish you all the best in getting this resolved.
“(e) Agency criteria.
(1) If an independent educational evaluation is
at public expense, 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 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.
(2) 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.”
I contacted my district about a list of preferred evaluators and they said that they do not have any. From this response it sounds like I should ask a different question re: the qualifications criteria?
My son is up for his tri-ennial evaluation. Thinking ahead, if the school agrees to an IEE then while that is in process is this where the “stay put rule” comes into play? Meaning that his current IEP and services would be in effect until after the results of the IEE were in and discussed?
My son is entering 10th grade. The school has not agreed with the issues that we as parents observe because they do not observe them. So I am concerned that they will not include areas of testing that we believe would highlight his disability. How can I find out ahead of time which tests to suggest prior to the evaluation so at least I can put those on the table? We are also considering paying for our own IEE prior to the school evaluation so we have the info available. What are the cons of doing that, if any?
With past evaluations the school has included classroom observation. In my son’s case his issues arise at home while trying to do homeowork not in the classroom. If the criteria for an IEEE, including the location, must be the same, does that preclude us from using home observation since the school does not include that?
Hi Sandy, thank you for your questions.
(1) The school district is required under 34 CFR 502(a)(2) to provide parents, upon request for an IEE, information about where an IEE may be obtained and, the agency (school district) criteria applicable for IEEs. That criteria, including the location of the evaluation and the qualifications of the examiner, must be the same as the criteria the school district uses when it conducts an evalaution. So, you might rephrase your question and ask(1) where you can obtain an IEE and (2) what are the district’s criteria for conducting evalautions, including the qualifications of examiners. Since this is an IDEA requirement, if the district is not forthcoming you might contact your State Education Agency for assistance.
(2) While it is likely that while an IEE is being conducted, the student will remain in the placement outlined in his current IEP,this is not an application of the “stay put” rule. The “stay put” rule is in effect during the pendency of a due process hearing. It means that when a due process complaint is filed, the student will remain “stay put” in the placement determined by the last undisputed IEP until the hearing is resolved.
(3)A frank discussion with the IEP team regarding potential areas for testing is the place to start. I would also suggest contacting an advocacy or parent support group related to your son’s disabilities for suggestions regarding particular areas of testing that might be appropriate. You might also discuss potential areas for testing with private therapists or educators. Other than the cost, I’m not aware of any cons to paying for your own IEE.
(4)The criteria for an IEE must be the same as the criteria for the school district’s evaluations so long as they are consistant with the parent’s right to an IEE. This requires that the school district give parents the opportunity to show that unique circumstances might exist requiring different criteria. Thus, if the district criteria allowed for only in school observation, but the educational need truly related to doing homework, an in-home observation or observaiton in another environment might be feasible. Moreover, IEE or not, there might be educational reasons justifying observation of a student in the student’s home. For example, the definition of assistive technology services includes a functional evaluation of the student in the student’s customary environment. Customary environment might include the home, and may not be a radical concept. I wish you the best of luck in getting these issues resolved and thank you again for your questions.
Thanks Randy,
I have one follow-up question. You said “…it is likely that while an IEE is being conducted, the student will remain in the placement outlined in his current IEP…”. Under what circumstances would a child not continue to receive the services or remain in the placement while an IEE is underway? Is there anything a parent can do to ensure that the child continues to receive the services while an IEE is being conducted?
Hi Sandy and thanks for following up.
I was clarifying the use of the term “stay-put” which refers to maintaining a student’s current placement during a due process hearing. But I don’t think I was clear. If a change in placement is not being recommended by an IEP team and a parent requests an IEE, there would be no reason to change the placement while the IEE is being being done. So, the student should remain in the current program. But if an IEP team recommended a change in placement and the parent requested an IEE but did not request a hearing to challenge the change in placement, technically the school could change the placement, because a hearing was not requested so “stay-put” is not in place. Practically speaking, however,if the district is agreeing to an IEE, it wouldn’t make any sense to change the placement, knowing we will have this additional information from the IEE to consider, so from a practical perspective the district might wait for the IEE. I hope that is helpful.