Definition of an Independent Educational Evaluation

An evaluation conducted by a qualified examiner who is not employed by the public agency responsible for the education of the child in question.
When does a parent have the right to request an IEE?
The parent/guardian has the right to obtain an IEE at public expense when the parent disagrees with the assessment completed by the District. However, the District may initiate a due process hearing to show that its evaluation is appropriate. If the District initiates a hearing and the final decision is that the District’s assessment is appropriate, the parent has the right to an IEE, but not at public expense.

The District is not responsible for providing an IEE when parents merely feel the need for additional information about their child, and which is not based on a disagreement with District assessment results or IEP team findings. Further, when multiple IEE reports are provided by the parents, the District is not responsible for the cost of more than one IEE in any areas assessed.
 
Who does IEEs?
The District will provide information to parents regarding places where an appropriate IEE may be obtained (34 CFR 300.502 [a]). Current federal policy provides that if the District does not provide a list of qualified evaluators within a geographic area, then the parents are not restricted to the District’s list of potential evaluators.
What is required for an IEE at public expense?
Federal regulations require that whenever an IEE is to be provided at District expense, the criteria under which the evaluation is obtained, including the location of the evaluation and the qualifications of the examiner, must be the same as the criteria that the District uses or would use when performing a similar evaluation (34 CFR 300.502. [e]).
 Brochure for IEE requests
 

Requirements for an IEE

  • The assessment must be completed in a public school or other appropriate setting.
  • The assessment must be completed by a qualified examiner certificated and/or licensed by the state of California in the area assessed in the evaluation.
  • The parent must be provided an assessment plan explaining the types of assessments to be conducted in language easily understood by the public and in the primary language or other mode of communication of the parents unless clearly not feasible. Parents shall have at least 15 calendar days after receiving the assessment plan to give or withhold consent for assessment.
  • The assessment must be selected and administered in the child’s primary language or other mode of communication unless the assessment plan indicates why it is not clearly feasible to do so.
  • Tests and other assessment materials shall have been validated for the specific purpose for which they are used; must be administered by trained personnel; and must be tailored to assess specific areas of educational need.
  • A written report of the IEE assessment results shall be provided to the parent/guardian and District prior to the Individualized Education Program (IEP) team meeting.
  • The IEE assessment results shall be considered by the IEP team at the child’s IEP team meeting. (Note: The District will consider the results of any private assessment provided by the parents in planning the educational program of the student. Consideration of such information however, does not make the District liable for IEE reimbursement, nor is it an indication that the District agrees with the result of that assessment.



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