Independent Educational Evaluation in West Virginia: Your Rights Under Policy 2419

You walked out of your child's eligibility meeting convinced the school psychologist's evaluation missed something. Maybe the testing was rushed, the examiner did not account for your child's anxiety, or the results simply do not match what you see every day. You do not have to accept it.

West Virginia Policy 2419 gives you the right to request an Independent Educational Evaluation at public expense — meaning the school district pays for a qualified outside evaluator to assess your child. This right is not advertised at IEP meetings, but it is real, and knowing how to use it is one of the most powerful tools in a parent's arsenal.

What an IEE Is and Who Conducts It

An Independent Educational Evaluation (IEE) is an evaluation conducted by a qualified examiner who is not employed by the school district responsible for your child's education. The examiner must meet the same qualification criteria the district uses for its own evaluators — the district cannot require an outside standard they do not impose on themselves.

The evaluation can cover any area where you disagree with the district's assessment: psychological, academic, speech-language, occupational therapy, behavioral, or audiological. The scope is defined by what you are disputing.

The 10-School-Day Response Requirement

Once you submit a written IEE request to the district and state that you disagree with the school's evaluation, the district has exactly 10 school days to take one of three actions:

1. Fund the IEE. The district agrees to pay and provides you with a list of approved independent evaluators or criteria for locating one.
2. Request mediation. The district asks to resolve the disagreement through state-sponsored mediation, but only if you consent to participate.
3. File for due process. The district initiates a formal due process hearing to demonstrate its own evaluation was appropriate.

If the district does neither within 10 school days, they are in procedural violation of Policy 2419 and IDEA. Document the date you submitted your request and track the response.

The district cannot impose arbitrary delays or add conditions. They cannot require that you exhaust other steps first or wait for the next IEP meeting. The 10-day clock starts at submission.

What Happens If the District Files Due Process

If the district chooses to challenge your IEE request through a due process hearing, an administrative law judge will review whether the district's original evaluation was appropriate and comprehensive. If the hearing officer sides with you — or if the district fails to defend its evaluation adequately — the district must fund the IEE without delay.

If the district wins, you still have the right to obtain a private evaluation at your own expense. That privately funded evaluation must still be considered by the IEP team.

How the IEE Results Must Be Used

Here is the piece districts do not always explain clearly: the IEP team is legally required to consider the results of any IEE — whether funded by the district or by you privately — when making any decision about your child's program. The word "consider" is legally significant. It does not mean the team can ignore the IEE. It means the results must be on the table and actively weighed.

However, "consider" does not obligate the team to adopt every recommendation. The Eligibility Committee retains final authority on classification and service decisions. If the independent evaluator recommends a specific placement or service and the district declines, they must document their reasoning in a Prior Written Notice. That PWN then becomes the basis for any further dispute.

The Rural West Virginia Problem

In counties like Webster, Calhoun, Wirt, or McDowell, finding a qualified independent evaluator nearby is genuinely difficult. Families in these areas often have to travel to Morgantown or Charleston for access to pediatric neuropsychologists, specialized occupational therapists, or independent autism evaluators.

This creates real logistical and financial barriers even when the district is funding the evaluation. A few practical points:

• The district's IEE criteria establish the geographic radius within which an evaluator must be available. If the district's own psychologist is based in the county, they cannot demand the independent evaluator also be in-county when no such evaluator exists there.
• Reasonable travel expenses for the evaluation appointment are a factor to raise when negotiating IEE terms. The district's obligation is to provide an IEE, not to make the logistics impossible.
• The WV Parent Training and Information Center (WV PTI) can help you identify independent evaluators in your region and understand your rights under Policy 2419.

How to Request an IEE: The Practical Steps

Step 1. Write a short, dated letter to the special education director stating: "I disagree with the [specific] evaluation completed by the district on [date] and am requesting an Independent Educational Evaluation at public expense, as provided under West Virginia Policy 2419 and IDEA."

Step 2. Send it via email (with read receipt) or certified mail so you have documented proof of the submission date.

Step 3. Wait for the district's written response. If they do not respond within 10 school days, follow up in writing and document every communication.

Step 4. If the district funds the IEE, ask for their written criteria regarding evaluator qualifications and geographic area so you know what is permitted.

Step 5. Share the completed IEE report with the IEP team at the next meeting and request that it be formally discussed and entered into the record.

Using the IEE at an IEP Meeting

Bring extra copies. Review the evaluator's recommendations before the meeting so you can speak to specific findings — "The evaluator found X, and recommends Y services because of Z." Ask directly whether each recommendation is being incorporated into the IEP and, if not, ask for the team's documented reasoning.

An IEE from a well-qualified independent examiner often changes the trajectory of a child's program. It is worth the effort to request one when you genuinely believe the district's evaluation was incomplete.

The West Virginia IEP & 504 Blueprint includes a ready-to-use IEE request letter template and a checklist for evaluating whether the district's response meets Policy 2419 requirements. Get the complete toolkit.

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