Can I Get an Outside Evaluation?
How to get an Independent Educational Evaluation (IEE) at public 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.
Can I Get an Outside Evaluation?
If you feel the school's evaluation didn't tell the full story — maybe it missed something, felt rushed, or reached conclusions that don't match what you see every day — you're not stuck with it. You have the right to get an outside evaluation, and in many cases, the school district has to pay for it.
The Quick Answer
Yes, you can get an outside evaluation. It's called an (IEE), and federal law gives you the right to request one at public expense whenever you disagree with the school's evaluation. The school district must either pay for it or file for due process to prove their own evaluation was appropriate. They cannot simply say no and move on.
Your Rights in This Situation
- You can request an IEE at public expense. Under IDEA, if you disagree with any evaluation the school conducted, you have the right to an independent evaluation paid for by the district. You only need to say you disagree — you do not have to prove the school's evaluation was wrong.
- You choose the evaluator. The district may provide you with a list of approved evaluators or set criteria (like requiring certain credentials), but you are not limited to their list. You can select a qualified evaluator of your choice, as long as they meet the district's reasonable criteria.
- The school must consider the results. Once the IEE is complete, the team must consider the independent evaluation results when making decisions about your child's eligibility and services. They are not required to follow every recommendation, but they must meaningfully consider the findings.
- There is no limit on when you can ask. You can request an IEE after an initial evaluation, after a triennial reevaluation, or any time you disagree with a school assessment. The right applies every time the district conducts an evaluation you disagree with.
- You can also get a private evaluation on your own. Even outside the IEE process, you always have the right to get a private evaluation at your own expense and submit the results to the school. The IEP team must consider those results too.
Tip
The school district is only allowed to do one of two things when you request an IEE at public expense: agree to fund it, or file for a due process hearing to defend their evaluation. They cannot ask you to explain your reasons for disagreeing, delay indefinitely, or simply refuse. If they do any of these things, they are out of compliance.
What to Do
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Put your request in writing. Send a letter or email to the director of special education stating: "I disagree with the evaluation conducted by the district on [date] and I am requesting an Independent Educational Evaluation at public expense pursuant to 34 C.F.R. § 300.502." Keep it simple — you do not need to list all your reasons.
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Ask for the district's IEE criteria. The district should provide you with their criteria for independent evaluators (such as required licenses or qualifications) and any cost guidelines. These criteria must be the same standards the district uses for its own evaluations — they cannot set unreasonably restrictive rules to limit your choices.
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Find your evaluator. Ask other parents, advocacy organizations, or your child's pediatrician for referrals. Look for someone with expertise in the area you're concerned about — for example, a neuropsychologist if you suspect a learning disability, or a speech-language pathologist if you have communication concerns.
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Wait for the district's response. The district must act without unnecessary delay. If they agree, they will arrange payment directly or reimburse you. If they file for due process instead, you will receive notice — and until the hearing officer decides, the district still cannot require you to pay.
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Submit the IEE results to the school. Once complete, provide the report to the IEP team and request a meeting to review the findings. The team must consider the results in any decisions about your child's eligibility, placement, or services.
Tip
You do not have to wait for the district to approve your evaluator before scheduling. If you've made your request and the district hasn't responded or filed for due process within a reasonable time (generally 15-30 days), you can move forward. Keep all receipts — you may be entitled to reimbursement.
Learn More
- Independent Evaluations — Full details on the IEE process, district obligations, and what happens after
- Evaluation Rights — Your rights throughout the evaluation process, including timelines and scope
- Eligibility Categories — How the school determines if your child qualifies for special education
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.