Independent Educational Evaluation: How to Get One at District Expense

When you disagree with your school district's assessment of your child, you don't have to simply accept it. Federal law gives you the right to request an Independent Educational Evaluation — an IEE conducted by a qualified evaluator who is not employed by the district — and in most cases, the district is required to either pay for it or file for due process to defend its own assessment. Most districts don't file for due process. They pay for the IEE.

This is one of the most powerful tools available to parents in the California special education system, and most parents don't know it exists.

What Is an Independent Educational Evaluation?

An IEE is an evaluation conducted by a qualified examiner who is not an employee of the school district. It covers the same areas as the district's evaluation — cognitive, academic, behavioral, speech/language, OT, or whatever domains are relevant — but it's done by a professional with no employment relationship with the district and no incentive to minimize your child's needs.

The results of an IEE conducted at public expense must be considered by the IEP team when making educational decisions. The team is not required to adopt the IEE's recommendations, but they must meaningfully consider them and explain their reasoning if they deviate from them.

When You're Entitled to an IEE at District Expense

IDEA 34 CFR § 300.502 establishes the right to an IEE at public expense when you "disagree with an evaluation obtained by the public agency." You don't need to prove the district's evaluation was wrong. You don't need to identify specific errors. You simply need to disagree with it.

Common reasons parents disagree:

• The district's evaluation found no eligibility, but your child's private provider has a diagnosis and significant documented deficits
• The assessment was incomplete — didn't cover all areas of suspected disability
• The assessment used outdated tests or inappropriate instruments
• The evaluator didn't observe your child in the classroom or relevant settings
• You believe the district minimized the severity of the deficits

You are entitled to one IEE per district evaluation. If the district evaluates again, you can request another IEE if you disagree with the new evaluation.

How to Request an IEE in California

Step 1: Write a letter. Email the special education coordinator or district SELPA office stating that you disagree with the district's evaluation and are requesting an IEE at public expense. You do not need to give a detailed reason, though you can. Keep it simple: "I disagree with the district's assessment conducted on [date] and am requesting an independent educational evaluation at public expense."

Step 2: Wait for the district's response. After receiving your IEE request, the district has two options:

1. Agree to fund the IEE (most do)
2. File for due process to defend the adequacy of its own evaluation

If the district chooses due process, an ALJ at OAH (California's Office of Administrative Hearings) will decide whether the district's evaluation was adequate. If OAH rules in the district's favor, you can still get an IEE — you just have to pay for it yourself. If OAH rules in your favor, the district pays.

Step 3: Confirm criteria. The district may provide you with a list of approved evaluators or criteria the IEE must meet (location, credentials, cost limits). The criteria cannot be so restrictive that they prevent you from finding a qualified evaluator. The district cannot require you to use a specific evaluator.

Step 4: Schedule and complete the evaluation. Once the district approves funding, find a qualified evaluator who meets the criteria. Neuropsychologists, educational psychologists, SLPs, OTs, and BCBAs can all conduct IEEs in their respective areas. The evaluator should have experience with the specific disability area you're concerned about.

What a Complete Special Education Evaluation Should Cover

Whether you're requesting an initial evaluation or an IEE, California requires evaluation in all areas of suspected disability. For most children, a comprehensive evaluation includes:

Cognitive and academic:

• Intelligence/cognitive processing (WISC-5, Woodcock-Johnson Cognitive, or similar)
• Academic achievement (Woodcock-Johnson Academic, KTEA, or similar)
• Processing speed, working memory, phonological processing if relevant

Speech and language:

• Receptive and expressive language
• Articulation/phonology if concerns exist
• Pragmatic language for social communication

Behavioral:

• Rating scales from multiple informants (parent, teacher, student if appropriate)
• Direct behavioral observation in the natural setting
• Functional behavioral analysis if behavioral regulation is a concern

Adaptive behavior:

• Vineland or similar adaptive behavior scale, especially for autism or intellectual disability

Social-emotional:

• Standardized measures of emotional functioning, anxiety, depression if relevant

A single rating scale and an interview is not a comprehensive evaluation. If the district's assessment skipped areas that clearly apply to your child, that's a concrete basis for an IEE request.

How the IEE Affects the IEP Meeting

Once you have the IEE report, request an IEP meeting to review it. The district must convene that meeting and the IEP team must consider the IEE's findings. In practice, this means:

• The evaluator's recommendations go on the table alongside whatever the district previously found
• If the IEE recommends services or placement that the district didn't offer, the team must discuss why they're agreeing or disagreeing with that recommendation
• If the IEE finds eligibility the district denied, the team must re-examine eligibility — it doesn't automatically grant services, but it creates significant pressure

If the team still denies services after a compelling IEE, you have strong grounds for a due process complaint — and the IEE is your primary piece of evidence.

How to Request the Initial IEP Evaluation

If you haven't yet had any evaluation and you're requesting one for the first time: write a letter or email to your school's principal or the district special education coordinator requesting a comprehensive assessment for special education eligibility.

Include the date — this starts the 15-calendar-day clock. The district must provide you with an Assessment Plan within 15 calendar days. Once you sign the plan, the 60-day clock begins, and the district must complete all assessments and hold the IEP meeting within those 60 calendar days (not counting school breaks of more than 5 consecutive days).

Keep a copy of your email. Send it to more than one address if possible. If the district claims they never received your referral, you want documentation.

Finding an IEE Evaluator

Once the district agrees to fund the IEE, you need to find the right evaluator. The district may provide a list of approved evaluators or a maximum rate. The rate must be sufficient to actually find a qualified evaluator in your area — if the cap is so low that no qualified professional will accept it, you can challenge the cap.

Look for evaluators who:

• Have credentials appropriate to the area of assessment (licensed neuropsychologist, licensed speech-language pathologist, licensed occupational therapist, BCBA)
• Have specific experience with your child's disability category
• Have testified at OAH or other administrative proceedings (if your case is heading toward due process, an evaluator with hearing experience is more valuable)
• Are independent — not employed by any school district or SELPA

Disability Rights California (disabilityrightsca.org) and COPAA (copaa.org) can both provide referrals. Your child's private treatment providers may also know evaluators who work in the special education context.

Allow 4-8 weeks for the evaluation process — testing, record review, observation, and report writing take time. The IEE doesn't have a mandated completion deadline, but once you have the report, request an IEP meeting promptly. The district must schedule it.

The California IEP & 504 Blueprint includes a complete evaluation request letter template, an IEE request letter, and a checklist for reviewing assessment reports before the IEP meeting.

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