What Is an Independent Educational Evaluation (IEE) and How to Get One

When a school evaluates your child to determine special education eligibility or to inform their IEP, they use their own evaluators — school psychologists, speech-language pathologists, and other specialists employed or contracted by the district. What most parents do not know is that when you disagree with those results, you have a legal right to get a second opinion at the district's expense.

That second opinion is called an Independent Educational Evaluation, or IEE.

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What Is an Independent Educational Evaluation?

An Independent Educational Evaluation is a comprehensive evaluation of your child conducted by a qualified examiner who is not employed by your school district. Under IDEA, parents have the right to request an IEE at public expense whenever they disagree with an evaluation conducted by the school district.

"At public expense" means the district pays for it — not you.

The IEE can address any area the district evaluated, including cognitive ability, academic achievement, speech and language, occupational therapy, behavior and emotional functioning, or any other domain relevant to your child's educational needs.

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When Should You Request an IEE?

You can request an IEE any time you disagree with any evaluation the district has conducted. Common situations where families request IEEs include:

The district found your child ineligible for special education. If the school evaluated your child and concluded they do not qualify for an IEP, but you believe they have a disability that is affecting their education, an IEE can provide an independent assessment that may reach a different conclusion.

The district's evaluation missed something. School evaluations are often limited in scope. A district psychologist may not administer the full battery of tests needed to identify dyslexia, processing disorders, autism, or anxiety. An independent evaluator with specialized expertise can go deeper.

You disagree with the severity rating or profile. Even if the district found your child eligible, you may disagree with how they characterized the disability — which affects what services the IEP team recommends. An IEE can offer a more detailed or accurate profile.

The evaluation is outdated. If a reevaluation was conducted but you believe it does not reflect your child's current needs, an IEE can provide a current picture.

The team used the evaluation to justify reducing services. If the district evaluated your child and used the results to support eliminating or reducing IEP services, an IEE can challenge those results.

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How to Request an IEE

Step 1: Put your request in writing.

Send a written request to the special education director or your child's case manager stating that you disagree with the district's evaluation and are requesting an Independent Educational Evaluation at public expense. You do not have to explain in detail why you disagree — you simply need to state that you do.

A simple letter works:

"I am writing to formally request an Independent Educational Evaluation (IEE) at public expense. I disagree with the evaluation the district conducted on [date]. Please let me know the next steps and the criteria the district uses for IEEs."

Step 2: The district must respond promptly.

After you request an IEE, the district has two options:

1. Agree to fund the IEE. The district provides you with a list of qualified evaluators in your area and information about the district's criteria for IEEs (things like the evaluator's qualifications and location). You select the evaluator from that list — or from outside it if you have a preferred evaluator who meets the criteria.

2. File for due process to defend their evaluation. If the district believes their evaluation was appropriate, they may initiate a due process hearing to prove it. During the hearing, if the hearing officer agrees with the district, you may not be entitled to a publicly funded IEE. If the hearing officer agrees with you, the district must fund the IEE.

The district cannot simply deny your request or ignore it. If they do not respond or refuse to fund the IEE without filing for due process, that is a violation of IDEA.

Step 3: Understand the district's criteria — and your rights within them.

The district may set reasonable criteria for IEEs — for example, requiring the evaluator to hold a specific license or to be located within a certain geographic area. However, the criteria must not be so restrictive that they effectively prevent you from obtaining an IEE.

If the district tries to limit your choices to evaluators who consistently agree with the district's assessments, or if their criteria exclude qualified specialists in your area, you can challenge those criteria.

Step 4: The IEE results must be considered by the IEP team.

Once the IEE is complete, the district is required to consider the results when making decisions about your child's education. "Consider" does not mean they must adopt every recommendation — but it means the IEE findings must be part of the IEP team's discussion, and any decision to disregard the IEE recommendations must be explained in writing.

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What Does an IEE Typically Include?

An IEE is a comprehensive evaluation conducted by a licensed professional with expertise in the area being assessed. Depending on what you requested and what the evaluator determines is needed, an IEE may include:

• Standardized cognitive and academic achievement testing
• Assessment of executive function, processing speed, and working memory
• Speech and language evaluation
• Occupational therapy assessment
• Behavioral and social-emotional assessment
• Classroom observation
• Parent and teacher interviews
• Review of school records and prior evaluations

A high-quality IEE report will include a diagnostic impression, a description of how the disability affects the child in educational settings, and specific recommendations for IEP goals, services, accommodations, and placement.

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What If the District Fights the IEE?

The district has the right to challenge your request by initiating a due process hearing. In practice, many districts do not pursue due process because it is time-consuming and expensive. However, if the district does file for due process to defend their evaluation, here is what to know:

• The hearing officer will review both the district's evaluation and the basis for your disagreement.
• You have the right to present evidence, including any private evaluations you have already obtained.
• If the hearing officer finds that the district's evaluation was appropriate, you may not receive a publicly funded IEE — but you can still obtain a private IEE at your own expense and ask the IEP team to consider it.
• If the hearing officer finds in your favor, the district must fund the IEE.

If the district files for due process after you request an IEE, consult a special education attorney. This is a formal legal proceeding.

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Can You Use a Private Evaluation You Already Paid For?

Yes. If you have already obtained a private evaluation outside of the IEE process — perhaps from a private psychologist, neuropsychologist, or specialist — you can submit that evaluation to the IEP team and request that they consider it. The IEP team is required to consider any evaluation you present, whether publicly or privately funded.

An evaluation you paid for privately is not the same as an IEE — you cannot retroactively request reimbursement for a private evaluation and call it an IEE. But it still carries legal weight in the IEP process.

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The Bottom Line

If you disagree with the school's evaluation of your child, you do not have to accept it. Requesting an IEE is one of the most powerful tools available to parents under IDEA — and the district must either pay for it or take you to a due process hearing to defend their evaluation.

Start with a written request. Keep it simple. And follow up in writing every step of the way.

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If you have received an evaluation you disagree with and want to understand what an IEP review might reveal, our IEP Review Service can help you identify evaluation gaps and give you language to use when requesting an IEE or disputing the team's findings. Our School Appeal Letter Templates include a template for formally requesting an IEE in writing.

For more on evaluation rights and disability-specific guidance, visit our Autism hub, ADHD hub, Dyslexia hub, or our IEP vs. 504 guide.

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Disclaimer: This post is for general informational purposes only and does not constitute legal advice. IEE rights and procedures vary by state. Consult a qualified special education advocate or attorney for guidance specific to your child's situation.