The federal regulations for Individuals with Disabilities Education Act (IDEA) includes many provisions to protect the rights of parents and their child with a disability while also giving families and school systems means by which to resolve disputes. These rights are known as procedural safeguards. Parents have specific rights under this law to obtain an independent educational evaluation (IEE) for their child if they disagree with the multi-factored evaluation that was obtained by the school district.
The parent has the right to request an independent education evaluation (IEE) at public expense if they disagree with the findings of the multi-factored evaluation completed by the school district only if the following conditions apply:
1. If a parent requests an IEE at public expense, the school district must either (a) provide an IEE at public expense or (b) file a due process hearing request to show that its evaluation of your child is appropriate.
2. If your school district requests a due process hearing and the final decision is that the multi-factored evaluation of your child is appropriate, you still have the right to an independent education evaluation BUT not at public expense.
3. If you request an independent education evaluation of your child, the school has the right to ask why you object to the evaluation obtained by the school district.
4. Special note: You are entitled to only one IEE of your child at public expense each time your school district conducts an evaluation with which you disagree.
As a parent, you have the right to initiate (and pay for) an independent education evaluation. If you choose to share these results with the school district that you obtained at private expense, the school district must consider the results of the evaluation and if this evaluation meets the criteria for an independent education evaluation, it must be considered when determining eligibility under free, appropriate public education (FAPE). The parent or school district may also present this independent education evaluation as evidence at a due process hearing regarding your child.
If a hearing officer during a due process hearing regarding your child requests an independent education evaluation as part of the hearing, the cost of the evaluation must be at public expense.
When an independent education evaluation is conducted at public expense, the criteria which the evaluation is obtained, including the location and qualifications of the examiner must be the same as the criteria used when it initiates an evaluation. No other conditions may be imposed by the school district.