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An independent educational evaluation (IEE) is an evaluation of a student with a disability conducted by a qualified examiner who is not employed by the school district responsible for the student’s education. When a parent disagrees with an evaluation the district obtained, the parent may request an IEE at public expense, and the district must, without unnecessary delay, either pay for it or file a due process complaint to show that its own evaluation is appropriate (34 CFR 300.502). This guide covers the parent’s right, the district’s options, criteria and cost limits, state timelines, the results, a district procedure and a sample letter. It describes the regulations, not legal advice: check your state’s rules and district counsel before deciding on a request.
Table of contents
Executive Summary
In 2024-25, 8.2 million students ages 3 to 21 were served under IDEA Part B, according to the U.S. Department of Education’s Office of Special Education Programs (OSEP). Each must be evaluated before receiving services (34 CFR 300.301(a)) and reevaluated at least once every three years unless the parent and district agree it is unnecessary (34 CFR 300.303). A parent may disagree with any of those evaluations.
Federal rules give the district two options and no day count: pay, or file for a hearing, “without unnecessary delay.” Some states add a clock: 15 days in Washington, 20 calendar days in New Jersey, five school days in Massachusetts outside its income-based rule.
Key Takeaways
- An IEE is done by someone outside the district: a qualified examiner not employed by the public agency (34 CFR 300.502(a)(3)(i)).
- Disagreement is the trigger; the district may ask why, but cannot require an explanation.
- The district has two options: ensure the IEE is provided at public expense, or file a due process complaint, without unnecessary delay.
- One per disputed evaluation, not one per career, so a new reevaluation can bring a new request.
- Criteria are the only conditions: location, examiner and reasonable cost criteria matching the district’s own.
- Results must be considered in decisions about a free appropriate public education (FAPE) if they meet agency criteria; considering is not adopting.
What Is an Independent Educational Evaluation?
An independent educational evaluation is an evaluation conducted by a qualified examiner who is not employed by the public agency responsible for the education of the child (34 CFR 300.502(a)(3)(i)).
“Evaluation” has the same meaning as for the district: procedures to decide whether a child has a disability and what special education and related services the child needs (34 CFR 300.15). “Public expense” means the district pays the full cost or ensures the evaluation is otherwise provided at no cost to the parent (300.502(a)(3)(ii)). The district’s own process is covered in our guide to the special education evaluation.
A private evaluation that a parent never shares with the district “would not be considered an IEE,” the Department explained in its 2006 analysis of comments on the IDEA regulations. Once shared, it must be considered if it meets agency criteria.
Which Evaluations Can Lead to an IEE Request
- Initial evaluations and reevaluations. The right attaches to “an evaluation obtained by the public agency” (300.502(b)(1)), and reevaluations follow the same procedures (34 CFR 300.303(a)).
- An area the district did not assess. A parent who disagrees because a child “was not assessed in a particular area” may request an IEE in that area, according to OSEP’s 2015 Letter to Baus, quoted again in the Department’s November 2024 guidance on functional behavioral assessments.
- A functional behavior assessment within an evaluation. The Department’s view, and a 2020 Second Circuit ruling it disputes, are summarized in our functional behavior assessment guide.
- Not before the evaluation is finished. A parent who objects to the use of response to intervention data has no right to a publicly funded IEE before the district completes its evaluation (2006 analysis).
The Parent’s Right to an IEE at Public Expense
A parent has this right “if the parent disagrees with an evaluation obtained by the public agency” (34 CFR 300.502(b)(1)), subject to three rules:
- No required explanation. The district may ask why the parent objects, but “may not require the parent to provide an explanation” or unreasonably delay its response (300.502(b)(4)).
- One per disputed evaluation (300.502(b)(5)). In 2006 the Department declined to set a limit of one per school career, because “there could be more than one point when there is a legitimate disagreement.”
- A hearing can end public funding. If the district files and the final decision is that its evaluation is appropriate, the parent may still obtain an IEE, “but not at public expense” (300.502(b)(3)).
How the District Must Respond: Pay or File
Once a parent requests an IEE at public expense, the district must choose one of two paths “without unnecessary delay” (300.502(b)(2)).
| Path | What the district does | What follows |
|---|---|---|
| Ensure the IEE is provided | Says where an IEE may be obtained and gives its criteria, then pays or arranges the evaluation at no cost to the parent | The parent chooses an examiner who meets the criteria |
| File a due process complaint | Requests a hearing to show that its evaluation is appropriate | If the district prevails, no public funding |
If the parent has already obtained an evaluation, the district can also refuse payment by showing at a hearing that this evaluation did not meet agency criteria (300.502(b)(2)(ii)). Florida and New York let the district file on either ground (Rule 6A-6.03311(6)(g), F.A.C.; 8 NYCRR 200.5(g)(1)(iv)).
Put the Decision in Writing
Prior written notice must be given a reasonable time before a district “refuses to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE to the child” (34 CFR 300.503(a)(2)). The regulation does not mention IEE requests; ask counsel whether it applies, and see our prior written notice examples.
Agency Criteria: Location, Examiner and Scope
On request, the district must say where an IEE may be obtained and which criteria apply (300.502(a)(2)). The criteria, “including the location of the evaluation and the qualifications of the examiner,” must be those the district uses for its own evaluations, to the extent consistent with the parent’s right; beyond them, the district “may not impose conditions or timelines” (300.502(e)). The 2006 analysis adds:
- Licensure: a district may require a license it requires of its own evaluators, but not one that only public employees can obtain.
- Scope: a district may not limit an IEE in a way that keeps the examiner from determining whether the child has a disability and what the child needs.
Section 300.502 does not mention lists of examiners; ask counsel how paragraph (e)(2) applies to yours. New Jersey requires the request to specify the assessments sought, lists who may conduct a district-funded IEE, from other districts to licensed private practitioners, and lets the evaluator observe the student in class (N.J.A.C. 6A:14-2.5(c)); see our New Jersey special education code guide.
Cost Criteria and Unique Circumstances
It is “the Department’s longstanding position” that districts “should not be required to bear the cost of unreasonably expensive IEEs” (2006 analysis). A district may set reasonable cost containment criteria for its own personnel and for parents’ evaluators, but must give the parent “the opportunity to demonstrate that unique circumstances justify selection of an evaluator whose fees fall outside” those criteria. Massachusetts uses rates set by a state agency, and “unique circumstances of the student may justify” a higher one (603 CMR 28.04(5)(a)).
Independent Educational Evaluation Timelines by State
Federal rules set no number of days. Washington, New Jersey and Massachusetts add one; New York and Florida do not.
| Jurisdiction | Deadline or rule | Source |
|---|---|---|
| Federal (IDEA) | Pay or file “without unnecessary delay”; no other conditions or timelines | 34 CFR 300.502(b)(2), (e)(2) |
| Washington | Initiate a due process hearing within 15 days, or ensure the IEE is provided without unnecessary delay | WAC 392-172A-05005(2)(c) |
| New Jersey | Request a hearing no later than 20 calendar days after receiving the request, or ensure the IEE is provided without undue delay | N.J.A.C. 6A:14-2.5(c)1 |
| Massachusetts | Outside the income-based rule, agree to pay or go to the Bureau of Special Education Appeals within five school days; report within 30 days of the request whenever possible; Team reconvenes within 10 school days of receiving it | 603 CMR 28.04(5)(d) to (f) |
| New York | Without unnecessary delay, provide the IEE or file to show the district’s evaluation is appropriate or the parent’s does not meet district criteria | 8 NYCRR 200.5(g)(1)(iv) |
| Florida | Without unnecessary delay, on the same two grounds as New York | Rule 6A-6.03311(6)(g), F.A.C. |
See also our guides to Washington procedural safeguards and Florida procedural safeguards, and read your own state’s rule. In Indiana, the school has 10 business days to agree in writing or request a hearing; see our guide to Indiana procedural safeguards.
What the IEP Team Must Do With the Results
If the parent obtains an IEE at public expense, or shares a private one, the results must be considered, if they meet agency criteria, “in any decision made with respect to the provision of FAPE to the child,” and any party may present them at a due process hearing (300.502(c)).
- Consider is not adopt. The 2006 analysis calls it “an affirmative obligation” to consider; if the district believes the evaluation misses its criteria, “it would be appropriate” to tell the parent why.
- Either side may use it. A district that paid for an IEE may introduce it at a hearing over the parent’s objection (2006 analysis).
- Schedule the meeting. Massachusetts requires the Team to reconvene within ten school days of receiving the report (603 CMR 28.04(5)(f)).
Plan it like any IEP meeting, and record which recommendations the team accepted and why.
Evaluations Ordered by a Hearing Officer
If a hearing officer requests an IEE during a due process hearing, the cost “must be at public expense” (300.502(d)). Parental consent is required before the district releases records to the independent evaluator (34 CFR 300.622(a)); if the parent refuses, the hearing officer could dismiss the complaint (2006 analysis).
A District Procedure for IEE Requests
This workflow follows the federal rule; insert your state’s deadline at step 3.
| Step | Action | Rule |
|---|---|---|
| 1. Request received | Date-stamp and log it; note the evaluation and areas in dispute | 300.502(b)(1) |
| 2. Send information | Where an IEE may be obtained and the written criteria | 300.502(a)(2) |
| 3. Decide | The special education director, with counsel where needed, decides to fund or file | 300.502(b)(2); state clock |
| 4. Notify | Approval letter, or written notice of the refusal and the complaint | See 300.503(a)(2) |
| 5. Coordinate | Confirm the examiner meets the criteria; get written consent before sending records | 300.502(e); 300.622(a) |
| 6. Pay | Full cost, or no cost to the parent | 300.502(a)(3)(ii) |
| 7. Consider | Hold the team meeting and document the review | 300.502(c) |
Sample District Response to an IEE Request
This letter is an original example about a fictional family, to adapt with counsel to your criteria and state rules; it is not legal advice.
“Dear Mr. Rivera, On March 3 we received your letter disagreeing with the February reevaluation of your son, Mateo, and requesting an independent educational evaluation at public expense in reading, written language and attention. The district will fund this evaluation. Enclosed are our criteria for licensure, location and cost, the same ones we apply to our own evaluators, and a list of examiners who meet them. You may choose an examiner not on the list who meets the criteria, or ask us to consider unique circumstances if fees exceed our cost criteria. With your written consent, we will send the examiner Mateo’s records. When we receive the report, we will schedule an IEP meeting to review it with you. Sincerely, Dana Whitfield, Director of Special Education.”
Funding and Staffing
At public expense the parent pays nothing (300.502(a)(3)(ii)), and states may use any state, local, federal and private sources of support available to meet IDEA requirements (34 CFR 300.103(a)). Massachusetts adds a sliding fee scale: full funding when the student is eligible for free or reduced-cost lunch, or family income is at or below 400% of the federal poverty guidelines; 75% between 400% and 500%; 50% between 500% and 600%; no obligation above that. Sharing income information is voluntary, and the right lasts 16 months from the disputed evaluation (603 CMR 28.04(5)(c)). On staffing, name one coordinator to track deadlines, criteria, records and meetings.
Common Mistakes District Leaders Make
- Requiring a reason. The district may ask, but cannot make an explanation a condition.
- Letting the request sit. Doing neither is not an option, and several states count the days.
- Adding timelines. A deadline to choose an examiner is a timeline the regulation does not allow.
- Setting a hard cost cap with no exception for unique circumstances.
- Limiting the IEE to the areas the district tested. The Department says a parent may request one in an area not assessed.
- Counting IEEs per career. The limit is one per disputed evaluation.
- Filing the report away instead of considering it.
Recommended Actions
- Publish written IEE criteria for qualifications, location and cost that match those for district evaluations, reviewed by counsel.
- Log every request with the date, the disputed evaluation and your state’s deadline.
- Name one decision maker, with a counsel review for any request the district may contest.
- Prepare a response packet: criteria, examiner information, a records consent form and letter templates.
- Write an exception process for fees above the cost criteria.
- Schedule the team meeting when the report arrives, and document the review.
Questions District Leaders Should Ask
- How many IEE requests did we receive last year, and how many days passed before each decision?
- Do our IEE criteria match the standards we apply to our own evaluators?
- When an IEE recommended a change, did the IEP change, and if not, did we explain why in writing?
Frequently Asked Questions
Who pays for an independent educational evaluation?
When a parent disagrees with the district’s evaluation and requests an IEE at public expense, the district pays the full cost or ensures it is provided at no cost to the parent, unless it files for a hearing and the hearing officer finds its evaluation appropriate (34 CFR 300.502). Parents may also pay privately; if they share the evaluation, the district must consider it.
How to request an independent educational evaluation?
Write to the district’s special education office, name the evaluation you disagree with, and ask for an independent educational evaluation at public expense. Listing the areas helps, and New Jersey requires the request to name the assessments sought. The district may ask why you disagree, but you do not have to explain. Ask for its criteria and where an IEE can be obtained, and keep a copy.
How much does an independent educational evaluation cost?
Federal rules set no price, and at public expense the parent pays nothing. Districts may set reasonable cost criteria for their own evaluators and for examiners parents choose, but must let the parent show that unique circumstances justify a higher fee, according to the Department’s 2006 analysis. Massachusetts uses rates set by a state agency. A privately funded evaluation costs what the examiner charges.
Who can do an independent educational evaluation?
A qualified examiner who is not employed by the district responsible for the student and who meets the qualification and location criteria the district applies to its own evaluators. A district may require a license it requires of its own staff. New Jersey lists permitted sources, from other districts to licensed private practitioners.
Can a school refuse an independent educational evaluation?
Not by simply saying no. To avoid paying, the district must file a due process complaint, without unnecessary delay, to show that its evaluation is appropriate, or show at a hearing that the parent’s evaluation did not meet its criteria. If the hearing officer agrees with the district, the parent may still obtain an IEE, but not at public expense.
Does the school have to accept the results of an independent educational evaluation?
It has to consider them, not adopt them. If the IEE meets the district’s criteria, the results must be considered in any decision about the student’s FAPE, and either side may present them at a due process hearing (34 CFR 300.502(c)). The Department has said it is appropriate for a district that finds an evaluation short of its criteria to explain why to the parent.
Can AI help a district manage IEE requests?
An AI tool can help a coordinator draft a plain-language version of the district’s IEE criteria or a blank request log. It should not receive evaluation reports, names or other identifiable data unless the district approved it for student records, and funding decisions stay with staff and counsel. See the ChatGPT for teachers guide.
Related Resources
- Special Education Evaluation
- Prior Written Notice Examples
- Functional Behavior Assessment
- IEP Meeting Guide
- New Jersey Special Education Code
- Washington Procedural Safeguards
Conclusion
An independent educational evaluation is a second look that federal rules ask districts to handle quickly. Districts that publish fair criteria, decide within days, put decisions in writing and give the report a real hearing at the IEP table turn a disagreement into better information about the student.
Sources: 34 CFR 300.502, Independent educational evaluation; U.S. Department of Education, IDEA Part B final regulations and analysis of comments, 71 Fed. Reg. 46540 (Aug. 14, 2006); OSERS and OESE, Using Functional Behavioral Assessments to Create Supportive Learning Environments (November 2024); OSEP, Letter to Baus (Feb. 23, 2015), copy posted by the Arkansas Department of Education; WAC 392-172A-05005, Independent educational evaluation; N.J.A.C. 6A:14, Special Education (New Jersey Department of Education); 603 CMR 28.04, Referral and Evaluation (Massachusetts DESE); 8 NYCRR 200.5, Due process procedures; Florida Rule 6A-6.03311, F.A.C. (effective Aug. 27, 2024); U.S. Department of Education, OSEP, 2024-25 Static Tables (Part B Child Count & Educational Environments). Other sections of 34 CFR Part 300 are linked where they are cited.
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