Independent Educational Evaluations

What is an Independent Educational Evaluation? 

When a parent of a child with a disability disagrees with the Local Educational Agency’s (LEA)/district’s evaluation for special education services, they have the right to request an Independent Educational Evaluation (IEE). An IEE is an evaluation conducted by a qualified examiner not employed by the LEA/district. If the LEA/ district grants the parent’s request for an IEE, the LEA/District either pays the full cost of the evaluation or ensures the evaluation is otherwise provided at no cost to the parent (34 CFR §300.502). This procedural guide section outlines considerations for LEA/districts and families to complete the IEE process. 

Definition of Terms 

The following definitions apply for the purposes of this document:  

• Independent Educational Evaluation: An evaluation conducted by a qualified examiner who is not employed by the responsible LEA/district.  
• Public Expense: The LEA/district either pays for the full cost of the evaluation or ensures that the evaluation or evaluation components are otherwise provided at no cost to the parent.  
• Parent:  
  • A child’s biological or adoptive parent 
  • A child’s foster parent, if the authority of the biological or adoptive parents to make educational decisions specifically has been limited by court order. 34 CFR §300.30(b)(1) or (2) 
  • A guardian generally authorized to act as the child’s parent or authorized to make educational decisions for the child, including a responsible adult appointed for the child (Welfare and Institutions Code 361 and 726).  
  • An individual acting in the place of a biological or adoptive parent, including a grandparent, step-parent, or other relative with whom the child lives, or an individual who is legally responsible for the child’s welfare.
  • A surrogate parent who has been appointed. Government Code 7579.5 or 7579.6; 34 CFR 300.519; United States Code 20 1439(a)(5) 

INDIVIDUAL EDUCATIONAL EVALUATION LOCAL POLICY 

The LEA/district has the right, and is encouraged to, develop local policy determining the IEE process and establishing local criteria regarding evaluator qualifications and reasonable maximum costs. LEAs/districts cannot establish stricter rules than those it applies to its own evaluators, nor can the LEA/district prohibit association with private schools or evaluators with no experience in public schools. The LEA/district may set licensing rules above the minimum qualifications listed in these guidelines, provided the same licensure is required for their own LEA/district evaluators (Letter to Petska (OSEP 2001) 35 IDELR191). A sample policy is available in the SEIS Document Library under "Sample IEE Policies. 

When May a Parent Request an IEE? 

A parent has the right to obtain an independent educational evaluation (IEE) for their child at their own expense at any time (34 CFR 300.502(a)(1)). The parent of a student with a disability has the right to obtain an independent educational evaluation at public expense, subject to the provisions of federal and state law, when the parent disagrees with an assessment obtained by the LEA/district within the last two years (34 CFR §300.502(b)(1) and (d)(2)(A), California Education Code Sec 56329(b)). A parent may request one IEE in response to each area of evaluation completed by the LEA/district within the last two years. 

Responding to a Request for an IEE at Public Expense 

Once a parent has requested an IEE at public expense, the LEA/district must provide the parent with a copy of the Procedural Safeguards, Prior Written Notice (PWN) accepting or denying request, and either:

• Provide the parent with the Guidelines for Independent Educational Evaluations for Parents packet (located on page 15 of the IEE Guidelines, which can be found in the SEIS Document Library) and local IEE policy, which provides information about where an IEE may be obtained, the agency criteria applicable for IEEs, and expense information; 34 CFR §300.502(a)(2) 

 OR  

• Initiate a due process hearing to demonstrate that the LEA/district’s evaluation is appropriate. 

Steps in Response to an IEE Request 

Procedures for Sharing a “Parent-Initiated IEE” 

When a parent obtains an IEE at private expense, the results of the evaluation, if shared with the LEA/district, shall:

• Be considered by the LEA/district, if it meets agency criteria, in any decision made with respect to the provision of a free, appropriate, public education (FAPE) to the student; and 
• May be presented as evidence at a due process hearing regarding the student. 

Providing Prior Written Notice (PWN) 

When the LEA/district is responding to a parent’s request for an IEE, whether granting or denying the request, the LEA/district shall provide the parent with a Prior Written Notice (PWN) and a copy of their Procedural Safeguards. 

Obtaining Written Consent to Conduct an IEE 

In circumstances in which the LEA/district is granting the parent’s request for an IEE, the LEA/district shall provide the parent with a PWN, their Procedural Safeguards, and the El Dorado SELPAs IEE Parent Information Packet (located on page 15 of the IEE Guidelines, which can be found in the SEIS Document Library)

Agency Criteria for Conducting an IEE 

According to federal regulations, the criteria under which the IEE is obtained at public expense, including the location of the evaluation and the qualifications of the examiner, must be the same as the criteria that the LEA/district uses when it initiates an evaluation (34 CFR §300.502(e)(1)). The LEA/district may not impose conditions or timelines related to obtaining an IEE at public expense (34 CFR §300.502(e)(2)). 

Location 

It is recommended to locate an evaluator within the LEA/district’s county or neighboring counties. Evaluators outside of this area should be accepted only on an exceptional basis by the LEA/district if either party can demonstrate there is a unique need for a specialized evaluation and that there are no qualified evaluators within the specified area who can appropriately assess their child’s educational needs. The IEE shall be administered by an evaluator in the same type of educational setting as that used by the LEA/district in providing similar evaluations including, but not limited to, classroom observations (EDC §56329(c)). 

Guidelines for Determining Qualifications 

All assessments shall be completed by persons competent to perform the assessment as determined by the LEA/district (EDC §56322). The IEE shall be administered by an evaluator who holds equivalent certifications, licenses, or other qualifications that would be required of the LEA/district staff to provide similar evaluations. Independent evaluators shall have the following minimum credentials issued by the appropriate agency or board with the State of California: 

A parent shall have the opportunity to demonstrate that unique circumstances justify a waiver of any of the criteria listed above as defined by the LEA/district. If a parent selects an evaluator who is not on the LEA/district list and does not meet the LEA/district criteria, the LEA/district must allow the parent the opportunity to demonstrate that unique circumstances justify the selection of this evaluator (Letter to Anonymous, 56 IDELR 175 (OSEP 2010)). If the LEA/district does not believe that unique circumstances justify the selection of an evaluator, the LEA/district may file for due process to deny the parent request (Letter to Parker, 41 IDELR 155 (OSERS 2004)). A parent may also request a list of suggested IEE evaluators who meet the LEA/district agency criteria, but the parent is not required to select from the list provided. 

Conflict of Interest 

The LEA/district should ensure there is no conflict of interest between the evaluator and the service provider, or the evaluator and the family. It is not recommended that the LEA/district contract with the IEE evaluator or the agency that employs the evaluator to provide services after the IEE is completed. This practice negates the neutrality of the assessment. 

IEE Cost Determination 

The cost determination for an IEE shall be comparable to the costs incurred by the LEA/district when it uses its own employees or contractors to complete a similar assessment. Such costs shall include:

• Observations; 
• Administration and scoring of assessments; 
• Report writing; and 
• Attendance in person, or by phone, at the IEP meeting in which the IEE is presented. 

As a result, the El Dorado SELPAs recommend that the LEA/district determine a reasonable cost ceiling for each evaluation. It is recommended that the ceiling be determined by averaging the cost of the following three assessors:

• The cost of an assessment provided by a LEA/district employee; 
• The cost of an assessment provided by a neighboring LEA/district; and 
• The cost of an assessment provided by a private service provider, with appropriate qualifications, within a reasonable distance from the LEA, usually 40 miles. 

LEA/districts may use the guidelines for determining reasonable maximum amount costs when creating a cost policy.   The guidelines for determining reasonable maximum amount costs can be found on page 5 of the IEE Guidelines located in the SEIS document library.  

A parent shall have the opportunity to demonstrate that unique circumstances justify a financial waiver of any of the cost determination criteria listed above as defined by the LEA/district. 

Payment of IEE Costs 

• IEE Obtained at Public Expense: 
  • The LEA/district shall issue payment to the independent evaluator for the cost of conducting the IEE following the LEA/district’s receipt of the following: 
  • A written IEE assessment report prepared by the independent evaluator containing all necessary assessment and eligibility sections. The report shall be received by the LEA/district and the parent five days prior to the IEP meeting;
  • The original assessment protocols utilized to conduct the IEE shall be provided to the LEA/district; and
  • Detailed invoice(s), including dates of assessment, observation(s), and hourly
• Unilaterally Obtained IEE at Private Expense:
  • A parent is requested, but is not required, to notify the LEA/district prior to obtaining a unilateral IEE. Regardless, if a parent obtains an IEE at private expense, the parent’s request for payment and/or reimbursement shall be received by the LEA/district within a reasonable time after receipt of the results of the completed IEE.

Once a parent has requested that a unilaterally obtained IEE be paid for by the LEA/district, the LEA/district must provide the parent with a copy of their Procedural Safeguards and either:

• Initiate a due process hearing to show that the LEA/district’s evaluation is appropriate; or
• Provide the parent with the El Dorado SELPAs IEE Information Packet (SEIS Document Library), which provides information about where an IEE may be obtained, the agency criteria applicable for IEEs, and proceed with consideration of the LEA/district’s obligation to pay for the independent evaluation.

If the LEA /district proceeds with consideration to pay for the unilaterally obtained IEE, the LEA/district shall:

• Review and consider the parent’s request for payment;
• Ensure the request was made within a reasonable time after receipt of the results of the evaluation; and
• Ensure all criteria discussed in this policy are met and the required documents (assessment report, original assessment protocols and invoice(s)) have been

Evaluations Ordered by Hearing Officer:

• If a hearing officer orders an IEE as part of a hearing, the cost of the evaluation must be at the LEA/district expense, unless otherwise specified by the Hearing Officer.

Criteria for Accessing Private Insurance When private insurance will cover all, or a portion of, the costs of the IEE, the LEA/district may request that the parent voluntarily have their insurance pay the costs of the IEE covered by their insurance. However, parents will not be asked to have private insurance cover the costs of an IEE if the process would result in a financial cost to the parent including but not limited to:

• A decrease in available lifetime coverage or any other benefit under an insurance policy;
• An increase in premiums or the discontinuance of the policy; or
• An out-of-pocket expense such as payment of a deductible amount incurred in filing a claim.

IEE Assessment Results 

The results of the IEE, whether obtained at public or private expense, will be considered by the IEP team when making a determination regarding the student’s eligibility for special education and related services, educational placement, and other components of the student’s educational program as required by federal and California special education laws and regulations. However, the results of an IEE will not control the IEP team’s determinations and may not be considered if not completed by a qualified professional, as determined by the LEA/district. 

IEE LEA & Independent Evaluator Service Agreement 

It is recommended that the LEA complete a service agreement with the independent evaluator to ensure clarification regarding the terms of the agreement. A sample agreement IEE Service Agreement is available in the SEIS Document Library for review and use.