Your Right to a Publicly Funded Independent Educational Evaluation (IEE)

If you disagree with your child’s special education evaluation by the school district, you have the right to request an Independent Educational Evaluation (IEE) at public expense. An IEE is simply a second opinion from a professional who isn’t employed by the district. This extra evaluation can help ensure your child is accurately assessed, properly diagnosed, and that you receive clear, written recommendations for any needed special education services.

You can ask for an IEE during the regular evaluation cycle—usually when the initial assessment is done or during a reevaluation (typically every three years). If you notice problems with any part of the school’s evaluation, just submit a written statement noting your disagreements. You don’t even need to explain why you disagree.

After you request an IEE, the school district must respond quickly. They might approve your request so you can choose a qualified evaluator (with costs covered, within reasonable limits) or deny it and challenge your request through a hearing. Remember, you have the right to a comprehensive evaluation that can include several assessments if needed.

Recent legal updates, such as a new New York law on dyslexia evaluations, reinforce your right to quality independent assessments often reimbursed by your insurance. However, be aware that not all assessments—like a standalone behavior evaluation—qualify for an IEE unless they’re part of the full evaluation process. If you run into any difficulties or have further questions, consider consulting with a legal expert or educational advocate for guidance.

Otherwise, continue reading for a more detailed breakdown of the process…

What is an Independent Educational Evaluation (IEE)?

As a parent, if you disagree with your child’s special education evaluation conducted by the school district, you have the right to request an Independent Educational Evaluation (IEE) at public expense.

An IEE is essentially a second opinion from a qualified professional who is not employed by the school district.

This right, established under the Individuals with Disabilities Education Act (IDEA), ensures that parents can challenge the school district’s evaluation with the firepower of an independent witness.

The many benefits of an IEE include getting your child properly diagnosed by a more experienced clinician, establishing a trusted baseline of functioning by which to measure progress over time, and obtaining written recommendations for special education programming—all things that parents unfortunately rarely receive from their child’s school-based assessments.

Step 1: Identify the Right Timing

• Evaluation Cycle: The cycle typically begins when the District conducts an initial evaluation to determine your child’s special education eligibility. Then, at least every three years, the school district reevaluates the student in mandatory triennial testing.
• If your district evaluates your student more often, you may be entitled to an IEE more often.
• The “Evaluation:” each evaluation can made up of one or more assessments, including but not limited to psychological, academic, occupational therapy, and vision assessment for instance.
• Trigger for Requesting an IEE: Upon receiving the district’s evaluation, parents review the results and disagree with the evaluation, in part or whole.

Step 2: Express Disagreement

• Parents should submit a written disagreement to the school district.
• No explanation is required but you may provide clarity on what you disagree with.
• A disagreement with any part of the evaluation allows parents to request a comprehensive IEE. Parents can disagree with one or more assessments conducted by the school and even disagree with the fact that certain assessments were not performed.
• Do not let the district tell you that you must “choose only one” assessment for public funding. While you are entitled to only one comprehensive evaluation at public expense, that evaluation can consist of multiple assessments (e.g., neuropsychological, speech, physical therapy, etc.). Contact a lawyer if the district persists in making you choose.

Step 3: The District’s Response

• When you request an IEE, the District must act without unnecessary delay and only has two options:
• Option 1: the District Approves IEE request.
  • Parents may select a qualified independent evaluator. The district can’t force you to use someone they want or someone off their approved list.
  • The district must cover the cost, subject to reasonable limitations.
• Option 2: the District Denies IEE & Files a Due Process Complaint
  • The district cannot merely say no, it has to file a complaint against you defending its evaluation.
  • The district requests a hearing against the parent where it must prove its evaluation was appropriate.

Step 4: Selecting an Independent Evaluator

• The evaluator must meet the district’s criteria for qualifications.
• The district cannot require parents to use a specific provider.
• Cost Criteria:
  • The district may attempt to impose a reasonable cost cap, which matches the local market rate.
  • Parents may request an exception to the cap if higher costs are justified due to their child’s specific needs or other factors.

Cost Criteria: The district may attempt to impose a reasonable cost cap, which matches the local market

Parents may request an exception to the cap if higher costs are justified due to their child’s specific needs or other factors.

Step 5: Advocate for Your Child’s Needs

• The independent evaluator completes the IEE and provides a report.
• Parents and the school district use the results to determine appropriate educational services. The district cannot ignore the report. It must be reviewed at CSE.
• If disagreements persist, parents may seek further legal assistance.

Recent Legal Developments Relating To Independent Evaluations

State Legislation relating to Dyslexia Evaluations

New York State Assembly Bill A2898A

the "Dyslexia Diagnosis Access Act"

• Bill Summary: Requires insurance policies to cover neuropsychological exams for dyslexia under certain circumstances; caps coverage amount.
• The act includes several changes to New York State Insurance Laws and took effect January 1, 2025.
• The act applies to all policies and contracts issued, renewed, modified, altered, or amended on or after January 1, 2025.
• View the full bill at: https://www.nysenate.gov/legislation/bills/2023/A2898/amendment/A

Functional Behavior Assessments (FBAs) and IEEs

D.S. v. Trumbull Board of Education, 975 F.3d 152 (2d Cir. 2020)

“The Trumbull Case”

• In Trumbull, the Court of Appeals denied the parents' request for a publicly funded IEE, ruling that their disagreement with a Functional Behavioral Assessment (FBA) did not trigger the right to an IEE.
• The Court held that a standalone FBA, conducted outside the scope of an initial or triennial re-evaluation, does not qualify as an "evaluation" under IDEA, meaning it does not give rise to the right to request an IEE.
  • In effect, the parents in Trumbull failed at “Step 1” of our IEE process listed above — proper timing.
  • They requested an IEE in March 2017, after a standalone FBA, but the student was not due for triennial re-evaluations until October 2017.
• However, if an FBA is conducted as part of a comprehensive triennial re-evaluation, then a parental disagreement with that FBA would trigger the right to request an IEE.
• While the Trumbull ruling is narrow, some school districts have misapplied it, using it to deny parent requests for IEEs of FBAs — even when the FBA was conducted as part of a triennial evaluation or where the parent requests an FBA as part of an otherwise valid IEE request that may include other assessments. You may want to consult an attorney if your concerns involve the conduct of an independent FBA for your child.

Need Help? Contact our firm for guidance on navigating the IEE process and advocating for your child’s educational rights.