Independent Educational Evaluation in Georgia: How to Get One at Public Expense

The school evaluated your child, concluded they did not qualify for special education (or minimized the extent of their needs), and the report does not match what you see at home every night. You have the legal right to challenge that evaluation — and in many cases, you can require the district to pay for an independent assessment conducted by an evaluator you choose.

This is called an Independent Educational Evaluation (IEE), and it is one of the most powerful tools a Georgia parent has.

What Is an IEE?

An IEE is an evaluation conducted by a qualified examiner who is not employed by the Georgia school district that evaluated your child. It can cover any area the district evaluated: cognitive ability, academic achievement, speech and language, occupational therapy, psychological functioning, or any other domain relevant to your child's needs.

The right to request a publicly funded IEE is grounded in federal IDEA law and carries into Georgia's implementation through the Chapter 160-4-7 rules.

When You Can Request an IEE at Public Expense

You can request a publicly funded IEE whenever you disagree with a school's evaluation — full stop. You do not need to explain why. You do not need a second opinion from a doctor first. You simply need to disagree.

The most common triggers:

• The school evaluated your child and found them ineligible for special education, but you believe they have a disability
• The evaluation found a disability but you think the scope of the needs was underestimated
• The school's IEE uses outdated tests, missed an area of concern, or the evaluator had limited time with your child
• The evaluation supports an IEP but you believe the proposed goals and services are insufficient given the findings

What the District Must Do After Your Request

Once you request an IEE at public expense in writing, the school has two options under federal law — and neither one is "we'll think about it":

1. Provide the IEE at public expense, at no cost to you, within a reasonable timeframe
2. File for a due process hearing to defend the adequacy of their own evaluation

If the school disagrees with your request and wants to defend their evaluation, the burden is on them to initiate due process. They cannot simply deny the request. If they do not file for due process, they are legally required to fund the IEE.

In practice, many districts in Georgia — particularly larger ones in Fulton, DeKalb, and Gwinnett — have internal criteria for IEEs (qualifications they require the independent evaluator to meet, geographic boundaries, hourly rate caps). They are allowed to ask you to consider their criteria. They are not allowed to require you to use a specific evaluator or to impose criteria that restrict your access to a qualified professional. If their criteria are unreasonably restrictive, you can challenge them.

Writing the Request

Your request must be in writing to create a paper trail. Keep it brief and direct. Something like:

"I am writing to request an Independent Educational Evaluation at public expense for [Child's Name]. I disagree with the evaluation completed by [District] on [date] in the area(s) of [specific area — e.g., reading, psychoeducational, speech-language]. Please provide me with the district's IEE criteria and a response to this request within 10 business days."

Send it to the special education director, not just the case manager. Keep a copy with the delivery confirmation.

How an IEE Is Used in the IEP Process

Once an IEE is completed, the district must:

• Consider the results when making eligibility and IEP decisions
• Present the findings at an IEP meeting

"Considering" the IEE does not mean they must accept every recommendation — but they cannot simply ignore it. If the IEE supports additional services the district is unwilling to provide, you now have a documented, independent professional opinion to cite in a formal complaint or due process hearing.

Independent evaluations tend to shift the dynamic in IEP meetings significantly. When a parent walks in with a neuropsychological report from an independent evaluator rather than relying solely on the school's report, school teams respond differently.

Costs and Georgia-Specific Context

If your request is granted, the district pays the evaluator directly or reimburses you after the evaluation is complete. The district's IEE criteria typically specify the maximum hourly rate they will pay — this varies by district and profession. In Georgia, neuropsychological evaluations from independent practitioners can run $2,500 to $4,500 out of pocket. If you fund the evaluation yourself because you could not wait, you can still request reimbursement through due process if the hearing officer finds the school's evaluation was inadequate.

For rural Georgia families, the challenge is geographic. Independent evaluators who meet the district's criteria may be hours away. If the district's geographic criteria effectively prevent you from accessing a qualified evaluator, that is grounds to challenge the criteria.

What If the District Files for Due Process to Defend Their Evaluation?

If the district initiates a due process hearing to prove their evaluation was appropriate and the hearing officer rules in the district's favor, you are still entitled to an IEE — but you pay for it yourself at that point. If the officer rules in your favor, the district must fund the independent evaluation.

This is a meaningful risk calculation. Most districts weigh the cost and staff time of a due process hearing against the cost of simply funding the IEE. For common evaluations, districts often choose to pay for the IEE rather than litigate. For expensive evaluations or in districts with a pattern of defending their evaluations, expect more resistance.

Using the Playbook

The Georgia IEP & 504 Advocacy Playbook includes a ready-to-send IEE request letter template and a checklist for reviewing whether the school's original evaluation meets Georgia's standards. If the evaluation is flawed on its face — wrong tests, outdated norms, failure to evaluate all areas of suspected disability — documenting that is the fastest path to a publicly funded IEE.

See more United States homeschool guides →