Right to an Independent Educational Evaluation (IEE) Under the Individuals with Disabilities Education Act (IDEA) Initial Referral and Evaluation for Special Education Services:

Obtaining an Independent Educational Evaluation (IEE)

 What is an IEE?

An IEE is defined by Virginia State Special Education Regulations as:

"an evaluation conducted by a qualified examiner(s) who is not employed by the public agency responsible for the education of the child in question."

An IEE is similar to a "second opinion" from a doctor. As a parent, you observe your child in a variety of settings. You may observe aspects of your child’s development that the school or its evaluators do not. It is not unheard of for a school to "miss" an area of disability. In addition, school divisions sometimes do not conduct a comprehensive assessment of all areas that could be affected by the disability. Sometimes, parents and schools simply do not agree with the findings of the evaluators. The school is not required to pay for a "third opinion." You can only request one IEE for each evaluation done by the school.

How Does a Parent Request and Obtain an IEE?

The request for an IEE should (but does not have to) be in writing. A sample letter is provided in Section IV. The request should identify the areas of concern as well as the specific areas which the parent would like to have independently evaluated. The school division can ask the parent why he or she wants the evaluation, but the parent is not required to provide detailed reasons. However, it is often good practice to explain why the IEE is needed in order to keep communication channels open. The school division is required to honor a parent’s reasonable requests for an IEE unless the school division requests a due process hearing to defend the results of its evaluation.

If a parent requests an IEE, the school division is required to provide the parent with a list of evaluators who have been approved within the geographic area and with any other rules the school division has adopted for evaluators or conduct of evaluations. An independent evaluator cannot be an employee of the school district and is presumed to be free of bias.

If a parent uses the list of evaluators provided by the school division, future disagreements over whether the evaluators were appropriately qualified will be prevented (see Section D(2)).

Virginia State Regulations provide that:

"(w)henever an independent evaluation is made at public expense, the criteria governing the evaluation, including the location of the evaluation and the qualifications of the examiner(s) must be the same as the criteria the public agency uses when it initiates an evaluation."

This means that parents can use evaluators not on the approved list, but may have to explain how their evaluator meets the schools criteria. If the parent is unable to demonstrate that the IEE obtained by the parent met the applicable

criteria, the school division may not be required to pay for the IEE. The school can only impose the same criteria for an outside evaluator that they impose on their own evaluators.

 Payment for and Consideration of IEEs?

1. Once the school division accepts a parent’s request for an IEE, it is required to pay for the IEE and to consider the results of the evaluation, assuming it meets the criteria set forth in Virginia State Regulations stated in Section B. A school division must respond to a request for an IEE "without undue delay."

2. If the school division refuses a parent’s request for an IEE, it must request a due process hearing before an Impartial Hearing Officer to defend its evaluation(s). If a Hearing Officer determines that the school division’s evaluations are appropriate, the school division will not be required to pay for the IEE.

Parents can obtain an IEE on their own, without informing the school division, and then request subsequent reimbursement from the school division. These evaluations must be considered by the school division in making any identification, IEP, or placement decisions about the student as long as they meet the criteria in state regulations cited in Section B.

However, if a parent intends to request an IEE at public expense, it may be better to initially ask the school division to pay for the IEE rather than ask for retroactive reimbursement.

Parents can obtain an outside evaluation at their own expense without requesting reimbursement from the school division and these evaluations must be considered by the school division in making any identification, IEP, or placement decisions about the student as long as they meet the criteria in state regulations cited in Section B.

Why the School Would Deny a Request for an IEE at Public Expense?

Though IEEs can be expensive, hearings are generally more expensive. Therefore, reasonable requests for IEEs are not generally denied. However, school divisions are allowed to deny requests reasons such as:

the evaluation conducted by the school unit was appropriate (an additional evaluation would provide no new useful information) or,

the evaluator who conducted the IEE was unqualified (in the case where the parent obtained an IEE without informing the school division per Section B).

What if the School Division Denies a Request for an IEE?

A parent who is convinced that the school division’s evaluation is incorrect and is resulting in their child not receiving a free appropriate public education (FAPE), may wish to obtain an IEE on his or her own following a school division denial of the request for an IEE. However, as noted in Section D, doing this risks being denied reimbursement for the IEE. On the other hand, since the school division must consider the results of any properly conducted evaluation that you provide, even if it did not pay for it, obtaining the IEE may prevent delay in the student receiving the services he or she needs pending the outcome of a due process hearing regarding reimbursement. Further, if the parent obtains the IEE and is able to demonstrate at the due process hearing that the results of the IEE are appropriate and the results of the school division evaluation are not, this may improve chances for reimbursement.

Does the School Have to Follow the Recommendations of An IEE?

Regardless of whether the IEE is obtained at public or private expense, the school division does not have to follow the recommendations. However, as noted in Section C, the school division through its eligibility or IEP team, (depending on the issue) must consider the information provided in all evaluations before making a decision regarding identification, placement, or specific special education and related services. If the parent disagrees with these decisions, the complaint is no longer with the evaluation process, but with the proposed identification, program, placement, or provisions of FAPE. The parent can then exercise the normal due process rights afforded in these areas.

Sample Request for an IEE?

The sample letter represents a request for an IEE based on dissatisfaction with the results of testing conducted for eligibility for special education services. Similar information should be included in requests for IEEs which relate to areas other than eligibility, such as the provision of special education and related services.

Name of Director of Special Education

Or School Principal

Full Address

Dear (name of Director or Principal),

My son/daughter (give full name), who is currently attending (name of school, grade, teacher) was evaluated for special education services (give month and year of this evaluation).

I am writing to inform you that I disagree with the results of the testing and evaluation, and I would like to have my child reevaluated. I am requesting an Independent Educational Evaluation (IEE) at public expense, (for the following reasons:) [Briefly and specifically, list your reason(s)].

I would like this Independent Educational Evaluation to be conducted as soon as possible. Please send me copies of the school’s guidelines for IEEs and a list of the school division’s approved evaluators. My daytime telephone number is (000) 000-0000.

Sincerely yours,

Your full name

The VaDOE provides information and distributes numerous helpful materials. They include: A Parent’s Guide to Special Education; Special Education and Mediation in Virginia; The Special Education Due Process Hearing (handbook for parents and school administrators); Complaint Procedures for Special Education; and Regulations Governing Special Education Programs for Children with Disabilities in Virginia.

Parent Educational Advocacy Training Center (PEATC)

6320 Augusta Drive, Suite 1200

Springfield, Virginia 22150

1-800-869-6782 (toll-free)

PEATC, which is federally funded, provides information, referral, technical assistance, and training to families with children with disabilities and professionals. This includes information concerning community resources and referrals to service providers, including transition services for students with disabilities, which may include vocational services.

Virginia Office for Protection and Advocacy (VOPA)

For additional information, or to seek services under VOPA’s Developmental Disabilities (DD) Program, which provides information, technical assistance, advocacy, and/or legal representation services to persons who meet federal eligibility criteria and VOPA’s annual program priorities, call 1-800-552-3962 and ask to speak Virginia Office for Protection and Advocacy

Richmond and Central Offices

Ninth Street Office Building

202 North Ninth Street, Ninth Floor

Richmond, Virginia 23219

800-552-3962 (Toll-Free/Voice & TTY)

804-225-2042 (Voice & TTY)

Fax: 804-225-3221