DC Independent Educational Evaluation: OSSE Rate Caps and How to Request One

You disagree with DCPS's evaluation results. Maybe they found no eligibility, or found your child eligible but in a narrower way than you believe is accurate. You have the right to request an Independent Educational Evaluation (IEE) at public expense — meaning DCPS or the charter school pays for it. Here is how it works in DC, where it diverges from the federal baseline, and what happens when the school pushes back.

The Federal Right and DC's Additions

Under IDEA (34 CFR § 300.502), any time a public agency conducts an evaluation, parents have the right to an IEE at public expense if they disagree with the agency's evaluation. DC implements this through 5-A DCMR Chapter 28.

Two things DC parents should know that aren't in the federal baseline:

You do not have to explain your disagreement. DCPS cannot require you to provide reasons. Saying "I disagree with the evaluation" is sufficient to trigger the request. Providing a written statement that you disagree with the evaluation results is enough.

OSSE sets maximum hourly rates. Unlike many states where the district sets its own IEE rate criteria, DC's regulations require OSSE to establish maximum hourly rates for IEE evaluators based on Bureau of Labor Statistics (BLS) data for the Washington metro area. These rates are updated periodically. The LEA cannot refuse an IEE simply because your chosen evaluator exceeds the rates — they must either pay the rates or file for due process to defend their own evaluation. In practice, most qualified evaluators in DC work within OSSE's rate schedule.

How to Request an IEE in DC

Send a written request to the special education coordinator and principal. The letter should:

1. State that you disagree with the evaluation(s) conducted by [DCPS/charter name] on [date]
2. Request an Independent Educational Evaluation at public expense pursuant to 5-A DCMR Chapter 28 and 34 CFR § 300.502
3. List the area(s) you want independently evaluated (e.g., psychoeducational, speech/language, occupational therapy, neuropsychological)
4. Request the LEA's IEE criteria and any approved evaluator list they maintain

Do not request an IEE verbally. The request needs to be in writing so it creates a paper trail and locks in the LEA's response obligation.

What the LEA Must Do Next

Upon receiving your IEE request, the LEA has two choices:

Option 1: Agree to fund the IEE. The LEA provides you with its criteria (location, qualifications, rate caps) and either an approved list or agrees to your chosen evaluator. They must do this without undue delay.

Option 2: File for due process to defend their evaluation. If the LEA believes its evaluation was appropriate, it must file for a due process hearing within a reasonable time. The hearing officer then determines whether the LEA's evaluation was appropriate. If the hearing officer finds the LEA's evaluation was appropriate, you can still obtain an IEE at your own expense. If the officer finds it was not appropriate, you get the IEE at public expense.

What LEAs cannot do: delay indefinitely, ignore the request, or require you to try additional interventions before funding the IEE. Any of these responses is a violation of 5-A DCMR Chapter 28 and grounds for an OSSE state complaint.

Scope of the IEE

The IEE must cover the same area(s) evaluated by the LEA. You cannot use an IEE request to get an evaluation in an area the LEA never assessed — for new areas, you'd request a new evaluation from the LEA instead.

However, if the LEA's evaluation covered multiple areas (cognitive, academic, speech/language), you can request an IEE in any or all of those areas. You are not limited to one area per disagreement.

Using the IEE Results

The IEE results must be considered by the IEP team. "Considered" has a legal meaning: the team must discuss the findings and explain in writing (via Prior Written Notice) why they are accepting or rejecting the IEE's recommendations. They do not have to follow every recommendation, but they must address each one.

If the IEE finds a disability category the LEA didn't identify, the team must discuss eligibility under that category. If the IEE recommends a more restrictive or more intensive placement, the team must explain why they agree or disagree.

A high-quality IEE from an evaluator who understands DC's regulatory landscape — including the Reid compensatory education standard and OSSE's dispute resolution process — gives you significantly stronger footing in any subsequent due process proceeding.

Charter Schools Follow the Same Rules

Charter schools in DC are independent LEAs but are subject to the same 5-A DCMR IEE requirements as DCPS. A charter school cannot point to its independence as a reason to deny or delay an IEE. If a charter refuses an IEE request, file a state complaint with OSSE.

The District of Columbia IEP & 504 Advocacy Playbook includes a ready-to-use IEE request letter template with the DC regulatory citations, plus a follow-up demand letter if the LEA fails to respond within 10 business days.

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