Independent Educational Evaluations
Your right to request an Independent Educational Evaluation (IEE) at the school district's expense when you disagree with the school's evaluation of your child.
Page Information
Jurisdiction: Federal IDEA + California special education law
Reviewed: Pending expert review
This page is informational but is still being reviewed by a special education expert. Some details may change.
Independent Educational Evaluations
Your Right to a Second Opinion
If the school evaluated your child and you disagree with the results, you don't have to just accept it. You have the right to request an — an evaluation conducted by a qualified professional who doesn't work for the school district. And here's the important part: you can ask the school district to pay for it.
This is one of the most powerful rights you have as a parent in the special education system. An IEE gives you an independent, outside perspective on your child's needs. Sometimes the school's evaluation misses things — it may not test the right areas, use the most appropriate tools, or fully capture what's going on with your child. An independent evaluator can provide a fresh look and often a more thorough assessment.
You don't need to prove that the school's evaluation was bad. You just need to disagree with it. The law uses the word "disagree" — not "prove wrong." If the results don't match what you see at home, if you feel important areas weren't tested, or if you simply believe the evaluation doesn't reflect your child's true abilities or challenges, that's enough to request an IEE.
Tip
You are entitled to one IEE at public expense each time the school conducts an evaluation you disagree with. The school cannot limit you to only one IEE ever — it's one per evaluation. If the school reevaluates your child and you disagree again, you can request another IEE.
How the Process Works
When you request an IEE at the district's expense, the school district has only two options:
- Pay for the IEE. The district agrees to fund an independent evaluation. They must do this "without unnecessary delay."
- File for due process. The district files a complaint with the Office of Administrative Hearings () to prove that their original evaluation was appropriate. If the hearing officer agrees with the district, you can still get an IEE — you'll just have to pay for it yourself.
The district cannot simply say no and do nothing. They cannot ignore your request. They cannot ask you endless questions about why you disagree or make you jump through hoops. They must act — either pay or file. That's it.
Tip
In practice, most districts agree to fund IEEs rather than file for due process, because a due process hearing is expensive and time-consuming for them. Don't be afraid to make the request — the odds are in your favor.
Choosing an Independent Evaluator
The district may have criteria for the IEE — for example, the evaluator must be licensed, must be in a certain geographic area, or must charge within a certain fee range. These criteria must be the same as what the district uses for its own evaluations. The district can share a list of approved evaluators, but you are not required to choose from that list. You can select any qualified evaluator who meets the district's criteria.
When choosing an evaluator, consider:
- Qualifications and licensure — Look for a licensed psychologist, neuropsychologist, speech-language pathologist, or other specialist relevant to your child's needs
- Experience with your child's suspected disability — An evaluator who specializes in dyslexia, ADHD, autism, or your child's specific area of concern will be more thorough
- Independence — Choose someone who has no relationship with the school district
- Willingness to attend the IEP meeting — Some evaluators will present their findings at the IEP meeting, which can be very helpful
What Happens After the IEE
Once the independent evaluation is complete, the IEP team must consider the results. Under California law, the team is required to consider all assessments and information provided by the parent — including independent evaluations. "Consider" means they must review the IEE, discuss it at the IEP meeting, and explain how it factors into their decisions.
The school does not have to agree with every recommendation in the IEE. But they cannot ignore it. If the school disagrees with the IEE's findings, they must explain why and document their reasoning in the .
Tip
If the IEE finds that your child has needs the school's evaluation missed, bring the IEE to the IEP meeting and request that the team update your child's eligibility determination, goals, services, or placement based on the new information.
What To Do Next
- Put your IEE request in writing. Send a letter or email to the special education director stating that you disagree with the school's evaluation and are requesting an IEE at public expense. You do not have to explain why you disagree — though you can if you want to.
- Wait for the district's response. The district must respond without unnecessary delay. They will either agree to fund the IEE or file for due process. If you don't hear back within two weeks, send a follow-up email.
- Ask for the district's IEE criteria. Request a copy of the district's criteria for independent evaluations, including any geographic, fee, or qualification requirements.
- Choose your evaluator. Research evaluators who specialize in your child's area of need. Ask other parents, advocacy organizations, or your pediatrician for recommendations. Remember, you are not limited to the district's list.
- Share the IEE with the IEP team. Once the evaluation is complete, provide a copy to the school and request an IEP meeting to review the results and discuss any changes to your child's program.
Sample Letter: Requesting an Independent Educational Evaluation at Public Expense
Dear [Special Education Director's Name],
I am writing to formally request an Independent Educational Evaluation (IEE) for my child, [Child's Name], at public expense.
The school district completed an evaluation of [Child's Name] on [approximate date]. I have reviewed the evaluation results and I disagree with the findings. Under IDEA § 300.502 and California Education Code § 56329, I have the right to request an IEE at the district's expense when I disagree with the district's evaluation.
I understand that the district must, without unnecessary delay, either agree to fund the independent evaluation or file a due process complaint to demonstrate that its evaluation was appropriate.
Please provide me with the district's criteria for independent educational evaluations, including any requirements related to evaluator qualifications, geographic location, and cost. I would like to receive this information within 10 business days so I can begin selecting an evaluator.
Thank you for your prompt attention to this request.
Sincerely, [Your Name] [Your Address] [Your Email] [Your Phone Number] [Today's Date]
If the District Pushes Back
Sometimes districts try to delay or discourage IEE requests. Here's what to watch for:
- "You need to tell us why you disagree." No, you don't. The law says you have the right to an IEE when you disagree. You are not required to provide reasons, though you may choose to.
- "You have to use someone from our list." No. The district can provide a list, but you can choose any qualified evaluator who meets the district's general criteria.
- "We need to schedule a meeting first." The district does not need to hold a meeting before responding to your IEE request. They must act without unnecessary delay.
- "We'll do our own reevaluation instead." A reevaluation is not a substitute for an IEE. You are entitled to an independent evaluation — meaning someone outside the district.
If the district continues to delay or refuse, consider filing a compliance complaint with the California Department of Education or consulting with a special education advocate or attorney.
Tip
Keep copies of every email and letter. If the district delays, your paper trail will be your best evidence. Send important requests by email so you have automatic timestamps.
When to get one-on-one help from an advocate or attorney
Consider contacting an advocate or attorney if any of these apply:
- The district fails to respond to your assessment request within 15 days, misses the 60-day assessment deadline, or repeatedly refuses requests you've made in writing.
- Your child is losing instruction time, being disciplined frequently, or showing significant regression.
- The district wants to move your child to a different school or classroom against your wishes, or you are preparing for mediation or due process.