An Independent Educational Evaluation (“IEE”) is defined under the Individuals with Disabilities Education Act (“IDEA”) as “an evaluation conducted by a qualified examiner who is not employed by the public agency responsible for the education of the child in question.” [1]
The New York State regulations specifically describe and provide for independent educational evaluations:
(1) Requests by parents. If the parent disagrees with an evaluation obtained by the school district, the parent has a right to obtain an independent educational evaluation at public expense. A parent is entitled to only one independent educational evaluation at public expense each time the school district conducts an evaluation with which the parent disagrees.
Information about where an independent educational evaluation may be obtained, and the school district’s criteria applicable for independent educational evaluations, as described in subparagraph (ii) of this section:
- If requested by the parent, the school district shall provide to parents;
- The criteria under which the evaluation is obtained, including the location of the evaluation and the qualifications of the examiner, shall be the same as the criteria which the school district uses when it initiates an evaluation, to the extent those criteria are consistent with the parent’s right to an independent educational evaluation. A school district may not impose additional conditions or timelines related to obtaining an independent educational evaluation at public expense;
- If a parent requests an independent educational evaluation at public expense, the school district may ask for the parent’s reason why he or she objects to the public evaluation;
- The explanation by the parent in subparagraph (iii) of this paragraph may not be required and the school district may not unreasonably delay either providing the independent educational evaluation at public expense or filing a due process complaint notice to request a hearing to defend the public evaluation; and
- If a parent requests an independent educational evaluation at public expense, the school district must, without unnecessary delay, either ensure an independent educational evaluation is provided at public expense or file a due process complaint notice to request a hearing to show that its evaluation is appropriate or that the evaluation obtained by the parent does not meet the school district criteria. [2]
The Supreme Court pointed out the importance of the IEE to parental participation, noting that, “…parents have the right to review all records that the school possesses in relation to their child.” [20 U.S.C.] § 1415 (b)(1). They also have the right to an “independent educational evaluation of the[ir] child.” Ibid. The regulations clarify this entitlement by providing that a “parent has the right to an independent educational evaluation at public expense if the parent disagrees with an evaluation obtained by the public agency.” [3].
The IDEA thus ensures parents access to an expert who can evaluate all the materials that the school must make available, and who can give an independent opinion. They are not left to challenge the government without a realistic opportunity to access the necessary evidence, or without an expert with the firepower to match the opposition.” [4]
The Regulations allow an Impartial Hearing Officer (“IHO”) to order independent evaluations as part of a hearing to inform the record; “Requests for evaluations by hearing officers. If a hearing officer requests an independent educational evaluation as part of a hearing, the cost of the evaluation must be at public expense.” [5]
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[1] See 34 CFR 300.502(a)(3)(i).
[2] See 8 N.Y.C.R.R. § 200.5(g)
[3] See 34 CFR § 300.502(b)(1) (2005).
[4] See Shaffer v. Weast, 546 U.S. 49, 60-61 (2005).
[5] See 8 N.Y.C.R.R. § 200.5(g)(2).