Independent Educational Evaluation for Dysgraphia: Your Right to a Second Opinion

The school evaluated your child and concluded everything is "within normal limits." But the evaluation didn't test handwriting speed. It didn't include an OT motor assessment. It tested reading — which was never the concern — and skipped written expression entirely. You know the evaluation was incomplete, and you want a real answer.

If you disagree with the district's evaluation, IDEA lets you request one at public expense under the conditions below.

What an IEE Is

An Independent Educational Evaluation (IEE) is an evaluation conducted by a qualified professional who doesn't work for the school district. Under 34 CFR §300.502, parents have the right to request an IEE at public expense whenever they disagree with the district's evaluation.

"At public expense" means the district pays, subject to the rules in 34 CFR §300.502. The district must, without unnecessary delay, either ensure the IEE is provided at public expense or file a due process complaint to defend its evaluation. If a hearing officer finds the district's evaluation appropriate, the IEE is not at public expense.

You can also choose to obtain a private evaluation at your own expense. The right to a publicly funded IEE applies when you disagree with the district's evaluation, and is limited to one at public expense for each district evaluation with which you disagree.

When to Request an IEE for Dysgraphia

One reason to disagree is that the school's evaluation omitted suspected areas. For dysgraphia, an evaluation may need to address:

• Written expression testing (WIAT-4, WJ IV, or TOWL-4)
• Handwriting speed assessment (DASH or similar)
• Visual-motor integration (Beery VMI)
• Fine-motor proficiency (BOT-2)
• An occupational therapy evaluation

If the school tested reading and IQ but omitted writing-specific or motor areas you suspected, you can explain that disagreement and request an IEE.

Other valid grounds:

• The evaluator lacked experience with dysgraphia or written expression disorders
• The evaluation used only one eligibility model without considering alternatives
• The results don't match your child's functional performance (scores say "average" but the child can't produce legible writing)
• The school evaluated under only one disability category when multiple areas of concern exist

How to Request an IEE

Put it in writing. A simple letter works:

"I am writing to formally disagree with the evaluation completed on [date] and to request an Independent Educational Evaluation at public expense under 34 CFR §300.502. The evaluation did not assess [list the missing areas: written expression, handwriting speed, visual-motor integration, occupational therapy/fine-motor skills]. I am requesting that the IEE include comprehensive assessment in these areas."

You don't have to explain your disagreement in detail. The law requires only that you disagree — not that you prove the school's evaluation was wrong before getting the IEE. The burden is on the district to justify its evaluation, not on you to disprove it.

What Happens After You Request

The district must respond "without unnecessary delay." They have two options:

Option 1: Fund the IEE. The district provides you with its criteria for independent evaluators (qualifications, geographic area, cost limits). You select an evaluator who meets those criteria, and the district pays directly or reimburses you.

Option 2: File for due process. The district files a due process complaint to prove its evaluation was appropriate. If the hearing officer agrees with the district, you don't get a publicly funded IEE (though you can still get a private one at your own expense). If the hearing officer agrees with you, the district funds the IEE.

The district must act without unnecessary delay. The outcome of a due process challenge depends on the evaluation and the applicable criteria.

Choosing the Right Evaluator

Look for a licensed psychologist or neuropsychologist with specific experience in learning disabilities affecting written expression. The evaluator should be familiar with:

• The distinction between motor-based, spelling-based, and language-based dysgraphia
• The assessment battery needed to identify each subtype
• How to translate clinical findings into IEP-eligible documentation
• Your state's specific eligibility criteria for SLD in Written Expression

If the district provides a list of approved evaluators, you're not limited to that list — you can choose any evaluator who meets the district's qualifications criteria. You're also not required to use the same type of professional (the school may have used a school psychologist; you can choose a neuropsychologist).

What to Do With the Results

The IEE results must be considered by the school district in any decision about your child's education. "Considered" is the legal standard — the district doesn't have to agree with every recommendation, but they must review the findings and respond to them.

If the IEE documents dysgraphia that the school's evaluation missed, request a new eligibility meeting. The IEE provides the evidence the school didn't gather. Combined with your child's functional performance data (classroom writing samples, homework completion times, teacher observations), the case for eligibility becomes substantially stronger.

The Dysgraphia Support & Writing Accommodation Kit includes the IEE request letter template, the evaluator qualification checklist, and guidance on translating IEE results into IEP eligibility arguments — so you're not navigating this process alone.