District Wins Right to Reassess, But Must Pay Half of Parent-Funded IEE

Parents requested an independent educational evaluation (IEE) at district expense after disagreeing with the district's 2007 psychoeducational assessment of their third-grade son with a specific learning disability. The district waited 74 days before filing for due process — far too long — so the ALJ ruled the district must reimburse Parents for the IEE. However, because Parents waited 17 months to raise their disagreement and refused to let the district conduct new assessments, the reimbursement was cut in half to $2,400. The district was also granted the right to conduct new assessments over Parents' objection.

What Happened

Student is a third-grader diagnosed with a specific learning disability (SLD) affecting reading, writing, and articulation. In early 2007, the district conducted a psychoeducational assessment and, based on its results, the IEP team found Student eligible for special education services. Parents attended the April 2007 IEP meeting, received the assessment report, and agreed to the educational program. They raised no objections at that meeting, or at a follow-up IEP meeting in February 2008.

It was not until September 17, 2008 — 17 months later — that Parents told the district they disagreed with the April 2007 assessment. Through their educational advocate, they formally requested an IEE at district expense the very next day, citing concerns that the assessment was incomplete: it allegedly failed to evaluate auditory processing, visual-motor skills, and social-emotional status adequately. The district did not respond properly. Instead of either agreeing to fund an IEE or promptly filing for a due process hearing (the two legal options available to it), the district wrote letters reinterpreting Parents' disagreement, proposed new district assessments, and waited 74 days before finally filing for due process. Parents, meanwhile, obtained a private IEE from Dr. Tina Guterman at a cost of $4,800. They also refused to consent to the district's proposed reassessments in the areas of intellectual development, educational achievement, and social/emotional/behavioral status.

What the ALJ Found

On the IEE delay: The ALJ found that the district's 74-day delay in responding to the IEE request was unnecessary and unjustifiable. The law is clear: once a parent requests an IEE, the district must — without unnecessary delay — either fund the IEE or file for a due process hearing to defend its assessment. The district cannot question, reinterpret, or require parents to justify their reasons for disagreeing. Here, the district tried to reframe Parents' disagreement as being about the school psychologist's verbal description of the assessment rather than the assessment itself — a position the ALJ found unsupported by the facts. The district also argued it was engaged in good-faith negotiations, but the evidence showed those negotiations were about other assessments (speech, OT, vision), not the pending IEE request. Because of the unjustified delay, the district was ordered to fund the IEE.

On the reimbursement amount: The ALJ reduced the reimbursement from $4,800 to $2,400, citing equitable principles. Parents waited 17 months to raise their disagreement with the assessment, despite being notified of their IEE rights in writing as early as April 2007. During that time, the district relied on the assessment to build IEPs that Parents approved and later challenged in separate litigation. The ALJ also noted that Parents were simultaneously refusing to let the district conduct updated assessments — a strategy that deprived Student of current evaluation data needed for future educational planning.

On the district's right to reassess: The ALJ ruled in the district's favor on this issue. Because the 2007 assessments were more than two years old, Student's progress had stalled, expert witnesses acknowledged that his abilities may have changed, and a new IEE had produced conflicting results, conditions clearly warranted reassessment. The district was authorized to proceed with new assessments in intellectual development, academic achievement, and social/emotional/behavioral status even without parental consent.

What Was Ordered

The district must reimburse Parents $2,400 (half the cost of Dr. Guterman's IEE) within 60 days of the order.
The district may proceed with new assessments of Student in the areas of social/emotional/behavioral status, academic achievement, and intellectual development, as proposed in its September 24, 2008 assessment plan.
The district is not required to reimburse the $800 Parents paid for Dr. Guterman to attend an IEP meeting, as the district's liability covers only the cost of the assessment itself.

Why This Matters for Parents

Request your IEE promptly. The IEE process is designed to give you a competing expert opinion at roughly the same time as the district's assessment, so both can inform IEP decisions. Waiting 17 months — as happened here — can undermine the usefulness of the IEE and result in a reduced reimbursement award.
Districts cannot wait, reinterpret, or negotiate their way around an IEE request. Once you submit a written IEE request, the district must act immediately — either fund the IEE or file for due process. It cannot question your motives, reframe your disagreement, or delay by pointing to unrelated negotiations. A 74-day delay without action was found clearly unreasonable here.
Refusing district reassessments while seeking a free IEE can backfire. The ALJ here found that blocking the district's new assessments while simultaneously demanding IEE reimbursement was an improper use of the evaluation process. If your child receives special education services, courts have held you are generally obligated to allow reassessments when conditions warrant them.
Equitable principles can reduce your reimbursement even when the district breaks the rules. Even though the district violated the law by delaying, the ALJ still cut the reimbursement in half because of Parents' own delay and conduct. Acting promptly and cooperatively strengthens your position if you later seek reimbursement.

What Happened

What the ALJ Found

What Was Ordered

The district must reimburse Parents $2,400 (half the cost of Dr. Guterman's IEE) within 60 days of the order.
The district may proceed with new assessments of Student in the areas of social/emotional/behavioral status, academic achievement, and intellectual development, as proposed in its September 24, 2008 assessment plan.
The district is not required to reimburse the $800 Parents paid for Dr. Guterman to attend an IEP meeting, as the district's liability covers only the cost of the assessment itself.

Why This Matters for Parents

Request your IEE promptly. The IEE process is designed to give you a competing expert opinion at roughly the same time as the district's assessment, so both can inform IEP decisions. Waiting 17 months — as happened here — can undermine the usefulness of the IEE and result in a reduced reimbursement award.
Districts cannot wait, reinterpret, or negotiate their way around an IEE request. Once you submit a written IEE request, the district must act immediately — either fund the IEE or file for due process. It cannot question your motives, reframe your disagreement, or delay by pointing to unrelated negotiations. A 74-day delay without action was found clearly unreasonable here.
Refusing district reassessments while seeking a free IEE can backfire. The ALJ here found that blocking the district's new assessments while simultaneously demanding IEE reimbursement was an improper use of the evaluation process. If your child receives special education services, courts have held you are generally obligated to allow reassessments when conditions warrant them.
Equitable principles can reduce your reimbursement even when the district breaks the rules. Even though the district violated the law by delaying, the ALJ still cut the reimbursement in half because of Parents' own delay and conduct. Acting promptly and cooperatively strengthens your position if you later seek reimbursement.