How to Request an Independent Educational Evaluation (IEE)

When you disagree with a school district’s evaluation of your child, federal law gives you the right to request an Independent Educational Evaluation (IEE) at public expense. This right is protected under the Individuals with Disabilities Education Act (IDEA).

This guide explains what an IEE is, your legal rights, and how to make a strong, clear request.

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What Is an Independent Educational Evaluation (IEE)?

An Independent Educational Evaluation (IEE) is an assessment of a student conducted by a qualified professional who is not employed by the school district responsible for the child’s education.

An IEE may evaluate areas such as:

• Learning disabilities
• Speech and language
• Occupational therapy needs
• Behavioral or emotional functioning
• Autism or other developmental concerns

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Your Rights Under IDEA

Under IDEA, parents have specific, enforceable rights related to IEEs:

1. Right to request an IEE at public expense
   If you disagree with a school district’s evaluation, you may request one IEE at public expense for that evaluation.

2. District must respond without unnecessary delay
   After receiving your request, the district must either:

   • Agree to fund the IEE, or
   • File for due process to defend the appropriateness of its evaluation

3. Qualified evaluators
   The IEE must be conducted by a qualified professional. The district may set reasonable criteria (such as credentials, geographic limits, or cost), but those criteria must be:

   • The same as those used for district evaluations, and
   • Not so restrictive that they prevent parents from obtaining an IEE

4. IEE results must be considered
   The IEP team is legally required to consider the results of the IEE when making educational decisions, even if the district does not ultimately agree with the conclusions.

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How to Request an IEE

Step 1: Put the Request in Writing

Always submit your IEE request in writing. Your letter should include:

• The date
• Your child’s name
• A clear statement that you disagree with the district’s evaluation
• A request for an IEE at public expense

Important: You are not required to explain why you disagree in order to exercise this right.

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Step 2: (Optional) State Your Concerns

While not legally required, some parents choose to briefly explain their concerns, such as:

• Incomplete testing
• Outdated data
• Lack of progress despite services
• Missing areas of assessment

This can help clarify the scope of the IEE but cannot be required by the district.

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Step 3: Identify Qualified Evaluators

You may:

• Ask the district for its written IEE criteria
• Propose your own evaluator who meets those criteria
• Select an evaluator with expertise in your child’s specific needs

The district cannot limit you only to evaluators they prefer if other qualified options meet their criteria.

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What Happens After You Request an IEE?

Once the district receives your written request, it has only two lawful options:

1. Agree to fund the IEE, or
2. Initiate due process to prove its evaluation was appropriate

The district may not:

• Ignore the request
• Delay indefinitely
• Require meetings before responding
• Demand justification as a condition of funding

In practice, many districts choose to fund the IEE rather than pursue due process.

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Key Takeaways

• You have a legal right to request an IEE when you disagree with a school evaluation
• Requests should always be made in writing
• You do not have to explain your disagreement to obtain an IEE
• The district must respond without unnecessary delay
• IEE results must be considered by the IEP team.

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Related reading:

• Understanding Your Child's Evaluation Report
• What to Do When You Disagree with the School
• Understanding Your Rights Under IDEA