Independent Educational Evaluation (IEE): California Parent Guide

An Independent Educational Evaluation (IEE) is an evaluation of your child conducted by a qualified professional who is not employed by the school district. Under IDEA (34 CFR § 300.502), parents have the right to request an IEE at public expense — meaning the district pays for it — any time you disagree with an evaluation the district has conducted.

The evaluator must meet the same qualification standards the district uses for its own evaluators. The district cannot direct you to a specific evaluator, though they can provide you a list of qualified ones. You are not required to choose from that list.

You can request an IEE at public expense any time you disagree with an evaluation the district has performed. This includes:

• A psychoeducational evaluation that found your child ineligible for special education.
• An evaluation that you believe missed areas of need or underestimated your child's difficulties.
• A triennial re-evaluation that recommended reducing or eliminating services.
• Any evaluation you feel was conducted improperly, incompletely, or by an unqualified person.

• Make your request in writing and send it to the district's special education director or your child's case manager. Email is best — it provides a timestamp and delivery record.
• State clearly: "I disagree with the district's evaluation of [child's name] and I am requesting an Independent Educational Evaluation at public expense pursuant to 34 CFR § 300.502."
• Specify the area(s) in which you are requesting the independent evaluation (psychoeducational, speech/language, OT, behavior, etc.).
• Keep a copy of your request.

After receiving your request, the district has two options:

• Grant your request and agree to pay for the IEE. The district must provide you with criteria for who qualifies as an evaluator (location, qualifications) but cannot limit your choice beyond what they require of their own evaluators.
• File for due process to defend their own evaluation. If the district believes their evaluation was appropriate, they may initiate a due process hearing to prove it. If they do not initiate due process within a reasonable time after your request, you may be able to proceed and seek reimbursement.

If the district grants your IEE request, they must also pay for the evaluation at no cost to you — including the evaluator's report and attendance at an IEP meeting to discuss the findings.

Once you receive the independent evaluation report, you have the right to:

• Present the IEE report at an IEP meeting — the team must consider it, though they are not required to adopt its recommendations.
• Use it in a State Complaint or due process hearing as evidence.
• Use it to support a request for additional services, a different placement, or a change in goals.

The IEP team is required to consider the IEE — but considering it and agreeing with it are different things. If the team reviews the independent evaluation and still disagrees, you may need to pursue further dispute resolution options. Visit Know Your Rights to understand all available options.

You can also obtain a private evaluation at your own expense at any time — you do not need the district's permission or disagreement to do so. A privately funded evaluation:

• Must also be considered by the IEP team if you request it.
• Can be used in any dispute resolution process.
• May be reimbursable if you prevail in a due process hearing.