The parents of a child with a disability have the right to obtain an IEE of the child, subject to the provisions of this framework:

• IEE means an evaluation conducted by a qualified examiner who is not employed by the local educational agency (LEA), which is responsible for the education of the child.

When the parent requests an IEE, the LEA must provide:

• Information about where an IEE may be obtained; and

• The LEA CRITERIA for an IEE.

IEE AT PUBLIC EXPENSE

A parent has the right to an IEE at public expense if the parent disagrees with an evaluation obtained by the LEA:

• Public expense means that the LEA either pays for the full cost of the evaluation or ensures that the evaluation is otherwise provided at no cost to the parent consistent with the provisions of the Individuals with Disabilities Education Act (IDEA) regarding the USE OF IDEA PART B FORMULA AMOUNTS IN GENERAL.

A parent is limited to only one IEE at public expense each time the LEA conducts an evaluation with which the parent disagrees. 

• File a due process complaint to request a hearing to show that its evaluation is appropriate; or

• Ensure that an IEE is provided at public expense, unless the LEA demonstrates in a due process hearing that the evaluation obtained by the parent does not meet LEA CRITERIA.

The LEA may ask for the parent's reason why the parent objects to the public evaluation; however the LEA may not:

• Require the parent to provide an explanation; and

• Unreasonably delay either providing the IEE at public expense or filing a due process complaint to request a due process hearing to defend the public evaluation.

If the final decision from a due process hearing officer is that the LEA's evaluation is appropriate, the parent still has a right to an IEE, but not at public expense.

• The same as the criteria that the LEA uses when it initiates an evaluation, to the extent those criteria are consistent with the parent's right to an IEE, including:

• The location of the evaluation; and

• The qualifications of the examiner.

Except for the LEA CRITERIA, the LEA may not impose conditions or timelines related to obtaining an IEE at public expense.

RESULTS OF IEE

If the parent obtains an IEE at public expense or shares with the LEA an evaluation obtained at private expense, the results of the evaluation:

• Must be considered by the LEA, if it meets LEA CRITERIA, in any decision made with respect to the provision of a free appropriate public education to a child; and

• May be presented by any party as evidence at a due process regarding the child.