What is an IEE? Why might we need one?

An IEE, which stands for Independent Educational Evaluation, is the Special Ed version of a second opinion. We’ve talked about the importance of Evaluations (http://spedtransitions.com/dont-decline-triennial-evaluations/). But what happens if you and your student don’t agree with the school’s evaluations?

Parents may obtain only one IEE at public expense each time the school district conducts an evaluation with which the parents disagree. 34 CFR Section 300.502(b)(5). The purpose of this regulation is to protect the parents’ right to an IEE (OSEP rejected a suggestion limiting a parent to one IEE in a child’s school career) while ensuring that a school district does not have to bear the cost of multiple IEEs concerning a single disagreement. 71 Fed. Register No. 156 at page 46690 (August 14, 2006).

Reference: http://specialeducationlawblog.blogspot.com/2016/09/procedural-safeguards-series-part-iv.html

When should you request an IEE?

A dispute may arise regarding who performed the school’s evaluation (qualifications), how that person performed the evaluation (assessment tools or methods), the results of the evaluation or the structure of the IEP resulting from the school’s evaluation. This is especially true if you as the parent are observing things that are different than those that were described in the evaluation or are hearing different things from your child’s physicians and therapists.

Now is the time to request an IEE at the school’s expense. “A parent has the right to an IEE at public expense if the parent disagrees with an evaluation obtained” by the school. Once you, the parent, request an IEE, the school must either agree to pay for the IEE or file a due process complaint to show that its own evaluation was appropriate.

Reference: http://www.specialeducationguide.com/blog/when-is-it-time-to-request-an-independent-educational-evaluation-iee/