Independent Educational Evaluation in Indiana: When and How to Request One

The school evaluated your child and the results don't match what you're seeing at home — or the report seems thin, rushed, or missing whole areas you know are a concern. Indiana parents have a legal right to an Independent Educational Evaluation at district expense. Here is exactly how that works under 511 IAC Article 7.

What an IEE Is

An Independent Educational Evaluation (IEE) is an evaluation conducted by a qualified examiner who is not employed by the school district. When done at public expense, the district pays for it — you do not pay out of pocket.

The IEE right exists under IDEA (34 CFR §300.502) and is incorporated into Indiana's Article 7. It is one of the strongest procedural tools a parent has. Many families don't know it exists. Many schools don't mention it unless asked.

When You Can Request One

You can request an IEE at public expense whenever you disagree with the school's evaluation. You do not have to prove the evaluation was wrong. You do not have to specify what the evaluator got wrong. You simply express disagreement.

Common reasons parents disagree with school evaluations:

• The evaluation only tested academics, ignoring processing deficits, sensory issues, or social-emotional functioning you know are affecting your child
• The testing was completed too quickly with inadequate observation time
• The evaluator used assessments that aren't appropriate for your child's age or profile
• The evaluation found no disability, but your child is clearly struggling and has been for years
• The evaluation findings seem to justify a minimal placement that doesn't match the severity of your child's needs
• You believe a different disability category applies than what the school identified

How to Request an IEE in Indiana

Submit your request in writing to your district's Director of Special Education. An email is fine. Your request should include:

1. A clear statement that you disagree with the school's evaluation of [child's name]
2. A request for an Independent Educational Evaluation at public expense
3. A request for the district's criteria for IEEs (they are required to have these)

Keep the email. Note the date you sent it.

After you request an IEE, the district must do one of two things:

1. Agree and provide the IEE at district expense (or provide information about criteria and evaluators), or
2. File for due process to defend the adequacy of its own evaluation — and must do so "without unnecessary delay"

If the district does nothing, they are violating Article 7. If they delay for weeks without filing for due process, document the non-response and contact IDOE's Office of Special Education.

What "At Public Expense" Actually Means

The district must fund the IEE unless they file for due process and an ALJ rules that their original evaluation was appropriate. If they file for due process and win, you can still get an IEE — you just pay for it yourself.

Most districts do not want to litigate this. Filing for due process to defend an evaluation means legal costs, staff time, and scrutiny of their evaluation practices. Many districts agree to fund IEEs rather than fight.

When the district agrees to fund your IEE:

• They can set criteria (geographic area, cost limits, evaluator credentials) but cannot name the evaluator themselves or use criteria so narrow they effectively control the outcome
• You get to choose the evaluator from qualified professionals who meet the criteria
• The district cannot require you to use a district-affiliated provider

If the district's IEE criteria are unreasonably restrictive — say, they cap the evaluation at $500 for a comprehensive neuropsychological that costs $2,000–$4,000 — you can challenge those criteria as effectively denying the right.

The Indiana IEP & 504 Blueprint includes an IEE request letter template, a list of what evaluators should assess for different disability profiles, and a guide to bringing IEE findings into a CCC meeting. Get the complete toolkit

What a Good IEE Should Cover

An IEE is only as useful as what the evaluator assesses. For most students, a comprehensive IEE should include:

• Cognitive assessment (intelligence testing, processing speed, working memory, executive function) — not just academic achievement
• Academic achievement across reading, writing, and math
• Social-emotional and behavioral assessment — rating scales, parent and teacher interviews, direct observation
• Language processing — particularly if SLD or speech/language eligibility is at issue
• Sensory and motor assessment if OT or PT needs are suspected

Specify what you believe the school missed and ask the evaluator to focus there. You are not bound by the school's assessment areas.

Using an IEE at Your CCC Meeting

Once you receive the IEE report, you are entitled to present it at a Case Conference Committee meeting. The district must consider the IEE results. They do not have to adopt every recommendation, but they cannot ignore the IEE or refuse to schedule a CCC meeting to discuss it.

Before the CCC meeting:

• Read the IEE report thoroughly and note every recommendation
• Prepare a list of how each recommendation maps to IEP services, goals, or placement you want to request
• Request the meeting in writing and specify that you are requesting the CCC to consider an IEE

At the meeting, if the district says "we appreciate the report but disagree with the recommendations," that is not enough. Ask them to specify: (1) which recommendations they are accepting, (2) which they are rejecting, and (3) what the basis for each rejection is. This information should appear in the Prior Written Notice they provide after the meeting.

If the IEE significantly expands what your child needs and the district won't incorporate the findings, you have a strong foundation for a state complaint or due process hearing — because IEE consideration is not optional.

Indiana IEE Timelines

Article 7 does not specify a fixed number of days for the district to schedule an IEE after agreeing to fund it. "Without unnecessary delay" is the standard. In practice, 30–60 days from request to evaluation appointment is typical. If the district is stalling, put your requests in writing and note the dates.

An IEE can completely change the trajectory of your child's special education program. A thorough independent evaluation often identifies needs the school's evaluation missed — and gives you the documentation you need to request more services, change the placement, or prevail in a dispute. Get the complete Indiana IEP & 504 Blueprint to understand how the full evaluation and CCC process works in your state.

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