Independent Educational Evaluation in California: How to Request an IEE at Public Expense

The school's psychologist just completed your child's assessment. The report says your child doesn't qualify for special education, or qualifies but only for minimal services, or doesn't assess certain areas you're deeply concerned about. You disagree. You've read the report and it doesn't match what you see at home or what your child's private therapist has been documenting for two years.

You don't have to accept the district's evaluation as the final word. California law — mirroring federal IDEA — gives you the right to request an Independent Educational Evaluation at public expense. And when you request it correctly, the district has almost no room to refuse without immediately escalating to a due process hearing.

What an IEE Is and When You Can Request One

An Independent Educational Evaluation (IEE) is an assessment conducted by a qualified evaluator who is not employed by your school district. Under 34 CFR § 300.502 and California Education Code § 56329, you have the right to request an IEE at public expense whenever you disagree with an evaluation the district has conducted.

You don't need to explain why you disagree in detail. You don't need to have a private evaluator already selected. You simply need to submit a written request stating that you disagree with the district's evaluation and are requesting an IEE at public expense. The disagreement itself is sufficient.

The right to an IEE applies to any evaluation the district has conducted — not just initial eligibility evaluations, but also triennial reassessments and any focused assessments (e.g., a speech-language evaluation or an occupational therapy assessment) the district completed as part of the IEP process.

The District's Two Legal Options After an IEE Request

Once you submit a written IEE request, the district has exactly two legal options. California OAH precedent generally interprets "without unnecessary delay" to mean 10 to 15 calendar days:

Option 1: Agree to fund the IEE. The district funds an independent evaluation by an evaluator you choose, subject to reasonable criteria the district may establish (more on those restrictions below). The district does not get to pick the evaluator; you do.

Option 2: File a due process complaint. If the district believes its own evaluation was appropriate and does not want to fund an independent evaluation, it must immediately file a due process complaint with the Office of Administrative Hearings (OAH) to prove to an Administrative Law Judge that its evaluation was legally appropriate. The district cannot simply refuse your IEE request without filing due process. Doing so is a violation.

What the district cannot legally do: delay for weeks with back-and-forth emails, demand extensive written justification from you before responding, refer you to a committee that meets monthly to review IEE requests, or simply ignore your request.

If the district does not respond within approximately 10 to 15 calendar days with either an agreement to fund the IEE or a filed due process complaint, that delay is itself a violation you can report to the CDE.

What Private Evaluations Cost — and Why Districts Push Back

In California markets, comprehensive private psychoeducational evaluations typically cost between $4,000 and $8,000. Neuropsychological evaluations can run higher. Because the district bears this cost when they agree to fund an IEE, districts frequently push back using tactics that are legally questionable:

Demanding detailed written justification. While the district can ask you to explain why you disagree with their evaluation, it cannot require an extensive justification before responding. Your disagreement alone is sufficient to trigger the IEE process.

Imposing excessively restrictive cost caps. Districts can establish criteria for IEEs, including a reasonable geographic area and a maximum cost. However, these criteria cannot be so restrictive that they effectively make it impossible for you to find a qualified evaluator. If the district's cost cap is $2,000 and qualified evaluators in your region charge $5,000, the cap is not "reasonable" and can be challenged.

Limiting geographic area unreasonably. Similarly, the district can specify that the evaluator be within a reasonable geographic area — but they cannot restrict it so narrowly that no qualified evaluators exist within that area, especially in rural California counties where specialist evaluators may not be locally available.

Proposing specific evaluators. The district may suggest evaluators but cannot require you to use a district-selected evaluator. You choose the evaluator, subject to reasonable criteria.

If the district's criteria effectively prevent you from obtaining an IEE, you can challenge those criteria in a due process complaint.

Choosing Your Independent Evaluator

You are not limited to in-district evaluators or evaluators on any district-provided list. Notable California resources for high-quality independent evaluations include university-based clinics:

• UC Davis MIND Institute (Massie Family Clinic): Specializes in autism spectrum disorder, ADHD, and neurodevelopmental conditions including genetic syndromes. Evaluations carry significant weight at IEP meetings and OAH proceedings.
• UCLA Child and Adult Neurodevelopmental (CAN) Clinic: Multidisciplinary evaluations for complex presentations, integrating cultural and bilingual considerations. Particularly valuable for English Learner students whose evaluations may have been confounded by language acquisition.

Private neuropsychologists and educational psychologists in California also conduct IEEs. When selecting an evaluator, look for someone who has experience writing reports that will be read by school teams and, if necessary, by Administrative Law Judges. An evaluator who is experienced in due process proceedings will structure their report in a way that is useful in both settings.

What to Do with the IEE Report

Once the independent evaluation is complete, the district must hold an IEP meeting to review and consider the results. "Consider" does not mean "accept" — the district does not have to revise the IEP simply because the independent evaluator reached different conclusions. But they must meaningfully engage with the findings, and if the IEE recommends specific services or placements, the team must address why those recommendations are or are not being incorporated into the IEP.

If the IEE was conducted at public expense and the district's IEP revision after the IEE meeting is inadequate — particularly if you believe the district is ignoring a well-supported independent recommendation for a more intensive placement or additional services — the IEE becomes a key piece of evidence in an OAH due process proceeding.

If you funded the evaluation yourself and the results support a different program than the district is offering, you can submit the report to the IEP team as a private evaluation report. The team must consider it, though the IEP is not automatically revised.

Your Request Letter

When requesting an IEE, keep the letter short and precise:

Dear [Special Education Director],

I am the parent/guardian of [Child's Full Name], a student at [School Name] receiving special education services under an IEP.

I disagree with the evaluation of my child conducted by the district on [evaluation date(s)]. Pursuant to 34 CFR § 300.502 and California Education Code § 56329, I am formally requesting an Independent Educational Evaluation at public expense.

Please provide me in writing, within [10-15 days], with either: (1) confirmation that the district will fund the IEE along with any criteria the district applies to such evaluations, or (2) notice that the district has filed a due process complaint with the Office of Administrative Hearings to defend its evaluation.

Sincerely, [Your Name] [Date]

Send to the special education director and school principal simultaneously. Keep a copy and note the date sent.

The California IEP & 504 Advocacy Playbook includes a complete IEE request letter template with the correct statutory citations, along with guidance on how to respond if the district delays or imposes unreasonable criteria — one of the most common IEE-related violations in California districts.

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