The IEE Advantage: Your Right to an Independent Educational Evaluation

If you fundamentally disagree with the school district's evaluation of your child, whether it minimizes the disability, misses a diagnosis, or fails to recommend the necessary services, you have a crucial legal right: the Independent Educational Evaluation (IEE). An IEE is an assessment conducted by a qualified professional who is not employed by the school district, ensuring an unbiased, fresh perspective. This is your most powerful tool for ensuring an accurate diagnosis and appropriate service recommendation. You must request the IEE in writing, and once you do, the school district has only two choices: it must either agree to fund the IEE at public expense, or it must immediately file for a Due Process Hearing to prove that its own evaluation was appropriate.

For parents, this right levels the playing field, shifting the burden and the expense onto the district. If the school district fails to file for Due Process to defend their evaluation, or if the hearing officer rules against the district, the school must pay for the independent evaluator of your choice (within reasonable, public expense limits). The most important takeaway is that the IEE results must be considered by the IEP team when making placement and service decisions. This leverage allows you to challenge an inadequate school evaluation and secure the comprehensive, accurate information needed to advocate for a Free Appropriate Public Education (FAPE) for your child.