If you find yourself in a situation where you disagree with the evaluation of your child conducted by the school district, it’s essential to be aware of your rights, specifically regarding the option to request an Independent Educational Evaluation (IEE). Sometimes, more information is needed to determine eligibility, or parts were missing from the initial school evaluation. Parents have to request an Independent Educational Evaluation (IEE) at public expense.
What is an IEE?
Under IDEA Section 300.502, an Independent Educational Evaluation (IEE) is an evaluation of your child’s educational needs conducted by a qualified professional who is not employed by the school district responsible for your child’s education. The IEE aims to provide an impartial and unbiased assessment of your child’s strengths, weaknesses, and any special needs they may have.
Your Right to Request an IEE:
If you disagree with the evaluation conducted by the school district, you have the right to request an Independent Educational Evaluation (IEE) at no cost to you. The school district is obligated to inform you of where you can obtain an IEE and the criteria they apply to such evaluations.
Conditions and Limitations:
While IDEA grants you the right to an IEE, there are some conditions and limitations to be aware of:
- Requesting an IEE: You can request an IEE when you disagree with the school district’s evaluation of your child’s needs.
- Cost Coverage: The school district must either provide the IEE to you at public expense or file a due process complaint to defend their evaluation. In other words, if you request an IEE, the school district cannot simply refuse without justification and must make a formal due process complaint to deny service.
- One IEE at Public Expense: You are entitled to one IEE at public expense each time you disagree with the school district’s evaluation. This means that if you have multiple concerns about different evaluations, you will have this right for each one.
- Timing: The school district cannot unreasonably delay providing you with the IEE or filing a due process complaint. They must act in a timely manner to address your concerns.
- Outcomes: Even if the final decision is that the school district’s evaluation of your child is deemed appropriate, you can still obtain an IEE. However, in this case, the cost will not be covered by the school district.
Documenting Your Requests:
To ensure your rights are protected, it’s crucial to document any requests you make for an IEE. One effective way to do this is through email communication, as it provides a written record of your requests and the responses you receive.
Why Requesting an IEE Matters:
Requesting an IEE can be a critical step in advocating for your child’s educational needs. As parents, you know your child best, and an IEE allows for an additional perspective from an impartial expert who can help identify any specific challenges and educational requirements your child may have.
Understanding your rights under IDEA is vital in ensuring your child receives the appropriate educational support they need. By using your right to an IEE, you can confidently advocate for your child and collaborate with the school district to provide them with the best possible education. Remember to be proactive, document your requests, and seek guidance from professionals if needed, as you navigate this process for your child’s benefit.
