When Does Your Child Need an Independent Educational Evaluation?

As an educator, I have come across many child study teams that excuse poor academics and acting-out behaviors as “typical” for the child's age and developmental stage. This type of reasoning is counter-productive and prevents children from obtaining the most effective programs.

Has this ever happened to you? If so, you have the legal right to request and obtain an independent educational evaluation (IEE).

What is an IEE?

Federal law defines an IEE as "an evaluation conducted by a qualified examiner who is not employed by the public agency responsible for the education of the child in question." That is, a private, independent entity that is not a stakeholder in your child's education.

In addition to academic and cognitive skills, the IEE may evaluate neurological functioning, adapted physical education, sensory needs or even music therapy. You may obtain an IEE for virtually any purpose if it impacts your child's education.

What is the Value of an IEE?

Federal regulations require that parents and school personnel act as equal participants in the development of a child's IEP, and that the parents' participation must be meaningful. By providing analytical support for your opinions and requests, the IEE can enhance your participation in this critical process.

When a school district refuses to consider your IEE, it not only denies you equal and meaningful input, but it also prevents important information from being incorporated into the IEP. But this is the worse case scenario. In many cases, school districts find IEE's to be just as valuable as the parents do. They may request an IEE when they lack the personnel or expertise to conduct a particular type of evaluation, or when they want to assuage parental concerns about the fairness or accuracy of their evaluation.

What is Required of School Districts?

According to federal regulations, your school district must inform you of your right to obtain an IEE, where you may obtain one, and the conditions for obtaining one at public expense. They even outline instances where the IEE may be given greater weight than the school district's evaluation.

Once obtained, your IEP team must consider your child's IEE results. This does not mean that they must accept its findings or recommendations; only they must review the IEE and discuss it as appropriate. In this regard, the requirements placed on school districts are fairly minimal.

Who is Financially Responsible for an IEE?

Generally, you are responsible for all IEE costs. However, in some circumstances your school district may be financially responsible; for example, if the district does not have the personnel or resources to conduct an evaluation that the IEP team requires, or if the district itself determines that an IEE is needed.

When You & School Staff Disagree

There may be times when you and the school district disagree about the need for an IEE, or when you disagree with the school district's evaluation. In these cases, the school district cannot simply refuse your request; they must consent to the IEE at public expense, or request a due process hearing and prove that the school evaluation was sufficient.

By the same token, if you present an evaluation that the school district previously refused to conduct, and if it is determined that the resulting information impacts your child's education, services or placement, the school district may be required to reimburse you for the IEE costs.

Your Child's Best Interests

The burden placed on school districts to consider a parentally obtained IEE is not severe, however, failure to give it due consideration can result in an invalid IEP. School districts that welcome an IEE, rather than viewing it with suspicion or hostility, will benefit from the additional information it provides. When you and school personnel work together, your child reaps the rewards.