Independent Educational Evaluation in New York: Your Rights Under Part 200

The school's evaluation says your child is not eligible, or has a minor learning difference that doesn't warrant services. You think it's wrong. In New York, you have a specific legal right to challenge that evaluation by getting an outside one — and in many cases, the district has to pay for it. Most parents never use this right because they don't know it exists or aren't sure how to trigger it.

What an IEE Is

An Independent Educational Evaluation (IEE) is a full evaluation conducted by a qualified examiner who is not employed by the school district. Under Part 200.5(g) of New York's Regulations of the Commissioner of Education — which tracks federal IDEA requirements — parents have the right to an IEE at public expense when they disagree with the district's evaluation.

"At public expense" means the district pays for it. The district cannot charge you for an IEE you are entitled to under this provision. They also cannot unreasonably delay or obstruct the process.

When You Can Request an IEE at Public Expense

You can request an IEE at public expense when you disagree with any evaluation conducted by the district. This includes:

• The initial psychoeducational evaluation that determined eligibility (or found no eligibility)
• A speech/language evaluation
• An occupational therapy evaluation
• An assistive technology evaluation
• A behavioral assessment
• A reevaluation

You do not need to state specific reasons for disagreeing. You simply notify the district in writing that you disagree and are requesting an IEE at public expense.

What the District Must Do After You Request

Once you request an IEE at public expense in writing, the district has two options:

1. Agree to fund the IEE. They must provide you with information about their criteria for IEEs — the location, qualifications, and cost range they will accept. They cannot restrict your choice of evaluator to a single person, but they can set criteria (credentials, licensure, geographic range) that must be met.

2. File for an impartial hearing. If the district believes its evaluation was appropriate, it can file for an impartial hearing to defend its evaluation. If the Impartial Hearing Officer (IHO) agrees the district's evaluation was appropriate, the district is not required to fund the IEE. But until the hearing decision is issued, your right to an IEE at public expense stands.

The district must respond promptly. There is no explicit number of days in Part 200 for this response, but NYSED guidance and federal regulations call for a response "without unnecessary delay." If the district ignores your request for more than 10–15 school days, document the delay and follow up in writing with a deadline.

What IEE Criteria the District Can Set

The district can set criteria for the IEE, but those criteria must be the same as the criteria they use for their own evaluations. They cannot use criteria specifically designed to limit your choices. Common criteria include:

• Licensure and credentials in New York State (e.g., licensed psychologist, certified speech-language pathologist)
• Geographic proximity (a reasonable travel distance — they cannot limit you to evaluators in your zip code)
• Cost cap (a cost range they will reimburse; this cannot be set so low that no qualified evaluators can be found)

If the district sets criteria that effectively block you from finding a qualified evaluator, challenge them in writing. NYSED has been clear that criteria cannot be used as an obstacle to the IEE right.

Choosing an Evaluator in New York

When selecting an IEE evaluator in New York:

For psychoeducational evaluations: Look for licensed psychologists or neuropsychologists with specific experience in the disability area relevant to your child. In NYC, neuropsychological evaluations are common for learning disabilities, ADHD, and autism. Costs typically run $3,000–$6,000 in NYC; less in suburban/upstate markets.

For speech/language: Licensed Speech-Language Pathologists (SLPs) with CCC-SLP credentials and experience with pediatric populations and school-age language disorders.

For OT: Occupational therapists licensed in New York with experience in pediatric sensory processing, fine motor, and school function.

For autism assessments: Psychologists or neuropsychologists with specific ADOS-2 training are the standard. In NYC, several specialty clinics offer comprehensive autism evaluations.

Useful starting points: AFC (Advocates for Children of New York) maintains referral resources. INCLUDEnyc offers consultation. University-affiliated clinics at NYU, Columbia, and Yeshiva University (AECOM) accept some insurance and have sliding scale options.

Using the IEE Results

Once the IEE is complete, the district must consider its results at the next CSE meeting. "Must consider" does not mean "must implement." The CSE is not bound by the IEE's recommendations. But:

• The IEE findings become part of the educational record
• The CSE must document its reasoning if it rejects IEE recommendations
• The IEE can be used in an impartial hearing if disputes continue
• A high-quality IEE from a credentialed evaluator carries significant weight with Impartial Hearing Officers

If the CSE reviews the IEE and still refuses appropriate services, the IEE is your foundation for an impartial hearing or a Carter case placement.

Private IEEs

You can also obtain a private evaluation entirely at your own expense — without invoking the "at public expense" right. Private evaluations are useful when:

• You want an evaluation before the district's process is complete
• You want a specialist the district's criteria wouldn't cover
• You want a second opinion without triggering a district response

Private evaluations must also be considered by the CSE. Bring the full report to the CSE meeting and request that it be entered into the record.

Requesting an IEE: Template Language

In writing to the CSE chairperson or special education director:

"I disagree with the evaluation of [child's name] completed on [date] and am requesting an Independent Educational Evaluation (IEE) at public expense, pursuant to Part 200.5(g) of the Regulations of the Commissioner of Education and 34 CFR §300.502. Please provide me with the district's IEE criteria, including any criteria related to evaluator qualifications, geographic limits, and reimbursement rates."

Keep a copy of this letter. The date you send it is the start of your timeline for following up.

The New York IEP & 504 Blueprint includes an IEE request letter template, a guide for reviewing evaluation reports before the CSE meeting, and a checklist for using IEE results effectively in the eligibility and IEP development process.

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