Responding to Independent Educational Evaluation Requests

Special education evaluations provide individualized education program (IEP) teams with critical information that guides the development of a student’s IEP. Occasionally, a parent will disagree with a school’s evaluation. When this occurs, a parent may request an independent educational evaluation (IEE) at the school’s expense. An IEE is an evaluation conducted by a parent-chosen examiner.

A parent may request an IEE orally or in writing. The school then has seven calendar days to respond to the request. A school’s failure to timely respond to a parent’s IEE request is a procedural violation that may cause unnecessary tension with the parent, as well as compliance findings and related penalties.

The IDEA states that schools must issue written notice in response to a parent’s IEE request. The Michigan Administrative Rules for Special Education specifically require that the written notice inform the parent whether the school will honor the request (pay for the IEE) or initiate a due process hearing. A copy of the procedural safeguards must be included with the notice.

School Response to Parent IEE Request

If the school grants a parent’s IEE request, it must provide the parent with information about IEEs at the school’s expense, called IEE criteria. The school’s IEE criteria must include:

1. requirements for qualified examiners’ credentials;
2. suggested sources and locations;
3. procedures for reimbursement;
4. reasonable expected costs; and
5. notification that the parent is not restricted to the sources suggested by the school district.

A school employee may not act as an IEE evaluator and, absent parent agreement, an IEE evaluator should not be someone who regularly contracts with the school.

If the school intends to deny a parent’s IEE request, it must file a due process complaint to request a hearing with an administrative law judge (ALJ) to “defend” its evaluation. In the hearing process, the school has the burden to prove that its evaluation was sufficiently comprehensive and appropriate in light of the student’s needs. If the ALJ decides the school’s evaluation was appropriate, then the parent is not entitled to an evaluation paid for by the school but may still obtain an IEE at the parent’s own expense. If the final decision is that the school’s evaluation was not appropriate, the ALJ will order the school to pay for the parent’s IEE.

Criteria are Key

Schools should review and update, as necessary, their IEE criteria at least annually, to ensure the suggested providers list is current and the IEE cost range is reasonable. While schools are allowed to set a maximum allowable cost for IEEs, evaluation costs increase over time and so should the maximum evaluation cost in the school’s criteria. Schools should also be mindful that if a parent seeks an evaluator in a different geographic region, due to availability or specialty, the evaluation cost may increase. If the total IEE cost exceeds the school’s established maximum and the school is unwilling to pay for a more costly evaluation, the school must, “without unnecessary delay,” initiate a due process hearing to demonstrate the parent’s requested IEE does not meet the school’s cost criteria and that there are no student-based unique circumstances to justify an IEE with a cost higher than normally allowed.

After the IEE

When the parent shares the IEE results or any private evaluation, the IEP team must consider it. “Consideration” does not mean the IEP team must adopt the evaluation or its recommendations. The IEP team should review the parent’s evaluation, discuss it as necessary, and, if warranted, revise the student’s IEP.

Parents are requesting IEEs with increasing frequency. Knowing how and when to respond to IEE requests, and having your criteria ready to go, makes the process easier for everyone. If you need help preparing or updating your IEE criteria, contact a Thrun special education attorney.