Requesting an Independent Educational Evaluation in Arkansas

The school evaluated your child and the results don't match what you see at home, what outside professionals have told you, or what the teachers describe in their own notes. You believe the evaluation missed something — or got something wrong. In Arkansas, you have the right to request an Independent Educational Evaluation at public expense, and the district has a narrow set of options when you do.

What an IEE Is

An Independent Educational Evaluation (IEE) is an evaluation conducted by a qualified examiner who is not employed by the school district. The key word is "independent" — the evaluator has no employment relationship with the district and no interest in the outcome.

Under IDEA and Arkansas DESE rules, if you disagree with the district's evaluation, you have the right to request an IEE at the district's expense. This right exists regardless of your income or resources. The district must either:

1. Pay for the IEE and provide you information about where to obtain one, or
2. File for a due process hearing to defend the adequacy of its own evaluation

The district cannot simply refuse. If they do not want to pay for an outside evaluation, they must file for a hearing and ask a hearing officer to rule that their evaluation was appropriate. If the district files for hearing and the hearing officer rules in their favor, you can still obtain an IEE at your own expense — but the district does not have to pay.

How to Request an IEE in Arkansas

Submit your request in writing to the district's special education coordinator. State clearly: "I disagree with the district's evaluation of [child's name] and am requesting an Independent Educational Evaluation at public expense pursuant to IDEA and Arkansas DESE regulations."

Keep a copy of your request with the date.

The district must respond promptly — typically within a few days. Either they provide you with information about IEE providers and the process for arranging one at district expense, or they notify you that they intend to file for due process to defend their evaluation.

You are not required to explain in detail why you disagree with the evaluation in order to make the request. "I disagree" is sufficient.

What the District Can Require

The district is permitted to set criteria for the IEE — the same criteria they use for their own evaluations — to ensure the evaluator is qualified. For example, they can require the evaluator to hold specific professional credentials, be licensed in Arkansas, and use assessment instruments appropriate for your child's age and profile. They cannot use criteria that would limit your choice to a single evaluator or a specific organization.

If the district's criteria seem designed to make it difficult to find a qualifying evaluator, you can challenge those criteria in writing.

When an IEE Changes Outcomes

An IEE is most valuable when:

The original evaluation was too narrow. The district evaluated in one area (say, academic achievement) but missed a suspected comorbid condition (say, language processing disorder or ADHD). An IEE can assess areas the original evaluation did not cover.

The evaluation findings conflict with observed behavior. If the school's evaluation found your child to be performing within normal limits but teachers are documenting daily academic struggles and you are seeing significant difficulties at home, an IEE using different assessment instruments or observations in different settings can provide a fuller picture.

The evaluation methodology was questionable. Some districts use brief screening tools when comprehensive standardized assessments are warranted. An IEE can use gold-standard instruments and provide the level of data that drives IEP goal development.

Eligibility was denied and you believe it should not have been. If your child was found ineligible and you believe the evaluation did not capture the full picture of their needs, an IEE is often the most effective path to reconsidering eligibility.

What Happens With IEE Results

The district must consider the results of an IEE when making educational decisions about your child. "Consider" does not mean "automatically implement" — the team still evaluates the IEE findings alongside other data. However, an IEE from a qualified independent evaluator carries significant weight, particularly if it contradicts the district's own findings.

If the IEE supports a finding of eligibility that the district previously denied, you can request a new eligibility meeting and present the IEE findings. If the IEE recommends specific services or a different placement, those recommendations must be considered at the IEP meeting.

IEE at Your Own Expense

You can always obtain an independent evaluation at your own expense, even if you have not requested a public-expense IEE or if the district prevailed in a due process hearing to defend its evaluation. If you obtain an evaluation privately, the district must still consider the results. Bring the report to the IEP meeting and request that it be entered into the record.

Private psychological evaluations and psychoeducational evaluations in Arkansas typically cost $1,500–$4,000 depending on the scope. Speech-language evaluations run $300–$800. Occupational therapy evaluations vary similarly. These costs are significant, but a well-conducted outside evaluation often provides documentation that fundamentally changes what the district offers.

The Arkansas IEP & 504 Blueprint includes a template IEE request letter, guidance on evaluating whether an evaluation was adequate, and a checklist for presenting IEE results at an IEP meeting — including how to document the team's consideration of your evaluation and what to do if they dismiss it without explanation.

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