How to Request an Independent Educational Evaluation (IEE) — And Win

The school evaluated your child. The results don’t match what you know about your child. Or the evaluation was incomplete — it tested academic skills but ignored the processing issues your private therapist has been flagging for two years.

Here is something schools don’t advertise: you don’t have to accept their evaluation.

What Is an Independent Educational Evaluation?

An Independent Educational Evaluation (IEE) is a special education evaluation conducted by a qualified examiner who is not employed by the school district. Under IDEA (34 CFR 300.502), parents have the explicit right to request an IEE at public expense — meaning the school pays for it — when they disagree with an evaluation the school conducted.

This is one of the most powerful rights in special education and one that schools rarely volunteer information about.

When Should You Request an IEE?

Consider requesting an IEE when:

• The school’s evaluation found your child ineligible, but you believe they have needs that qualify them for services
• The evaluation was conducted in a limited area (e.g., only academics) when you believe additional areas need assessment (e.g., processing speed, executive function, sensory processing)
• The evaluator spent very little time with your child — a thorough evaluation typically takes multiple sessions, not one 45-minute appointment
• The results contradict findings from a private clinician, pediatrician, or therapist
• The evaluation report contains factual errors about your child
• The evaluation was used to justify a placement or service reduction you disagree with

The Legal Framework: What Schools Must Do

When you request an IEE at public expense, the school has exactly two options — no more, no less:

Option A: Fund the IEE without delay. The school agrees you have a right to one and arranges or funds the independent evaluation.

Option B: File for due process to demonstrate that its own evaluation was appropriate. If the school believes its evaluation was conducted properly, it must initiate a due process hearing within a reasonable time.

Notice what is not an option: telling you no, ignoring your request, offering to “look into it,” or stalling indefinitely.

If the school requests a due process hearing and the hearing officer agrees the school’s evaluation was appropriate, you can still get an IEE — but at your own expense, and the school must consider (but is not required to accept) the results.

How to Write an IEE Request: Step by Step

Your IEE request should be in writing. Short, clear, and specific. Here is a template:

—

[Your name]
[Address]
[Date]

[Superintendent or Special Education Director]
[School District Name]
[Address]

Re: Request for Independent Educational Evaluation at Public Expense — [Child’s Name]

Dear [Name or “Special Education Director”],

I am writing to formally request an Independent Educational Evaluation (IEE) at public expense for my child, [Child’s Name] (date of birth: [DOB]), pursuant to 34 CFR 300.502 and [your state’s special education regulations].

I disagree with the evaluation conducted by [School District] on [date of evaluation] in the area(s) of [specify: e.g., “reading and language processing”]. [Optional: briefly state your reason, e.g., “The results do not reflect the significant difficulties observed by my child’s private speech-language pathologist and are inconsistent with her clinical assessment dated [date].”]

Please provide me with information about the district’s IEE criteria, including the geographic area and evaluator qualifications, within [10] school days. I look forward to your prompt response.

Sincerely,
[Your name]
[Phone / Email]

—

Key elements of a strong IEE request:

• Cite the regulation: 34 CFR 300.502
• Be specific about which evaluation(s) you’re disagreeing with
• State clearly that you’re requesting it “at public expense”
• Request information about the district’s IEE criteria within a specific timeframe
• Keep it concise — you don’t need to write a legal brief

What Happens After You Request an IEE

The school provides IEE criteria

The school must give you a list of evaluators who meet their criteria (location, credentials, cost limits) without unnecessary delay. You can choose any evaluator from this list, or you can request that the school pay for an evaluator outside their list — though this may require more negotiation.

You select an evaluator

Research evaluators who specialize in your child’s specific area of concern. A neuropsychologist, a licensed educational psychologist, a speech-language pathologist, an occupational therapist — depending on what you’re having evaluated. Ask about their experience with children of similar age and diagnosis.

The evaluation is conducted

A comprehensive independent evaluation typically takes longer than a school evaluation — often multiple sessions over several days, including parent interviews, direct student assessment, review of records, classroom observation (sometimes), and standardized testing.

You receive the report

The IEE evaluator provides a detailed written report with findings, conclusions, and recommendations. You own this report. You decide who receives it.

The school must consider the results

Once you provide the IEE report to the school, the IEP team must review and consider the results. “Consider” means they must genuinely engage with the findings — they cannot simply dismiss the report without explanation. However, “consider” does not mean “implement” — the school does not have to agree with every recommendation.

If the IEE recommends services the school refuses to provide, that refusal must be documented in a Prior Written Notice explaining the basis for the school’s decision. This creates the paper trail for further dispute.

IEE in Canada

Canada does not have a formal IEE right equivalent to IDEA. However, parents can obtain private evaluations from independent psychologists, speech-language pathologists, or other specialists and present the findings to the school team.

The school team (and IPRC in Ontario) must consider privately submitted evaluation evidence. Decisions that ignore credible private evaluation findings without explanation may be vulnerable to challenge under provincial Human Rights Codes.

Private evaluations in Canada are at the parent’s expense unless the school agrees otherwise — though some provinces have provisions for publicly funded reassessments.

Making the Most of an IEE

A strong independent evaluation can change the trajectory of your child’s education. After receiving your IEE report:

• Read it carefully and note every recommendation
• Request an IEP meeting specifically to review the IEE findings
• Come prepared with specific requests for services, goals, and accommodations based on the recommendations
• If the school refuses any recommendation, ask for that refusal in writing (a PWN)