Parents have the right to question a school’s decisions about their child’s education when concerns arise about testing, placement, or support services. Learning how to request an independent educational evaluation (IEE) can help families make sure their child’s needs are fully understood. When a child is tested fairly, schools can plan better support.
Forte Law Group helps you protect your child’s rights, explain each step, and push schools to follow special education laws without unnecessary delay. Our Connecticut special education lawyer helps parents request an independent evaluation and ensure their child is evaluated independently.
An independent educational evaluation (IEE) is an educational evaluation completed by a qualified examiner who does not work for the school district.
This independent testing reviews a child’s educational needs, academic performance, and services. It helps parents determine whether the school’s evaluation findings accurately reflect the child’s educational challenges and whether appropriate special education services are being provided.
Under the Individuals with Disabilities Education Act, an independent educational evaluation means a review completed by an impartial third person outside the school system. The evaluation conducted must follow the same criteria used by the public agency, including testing in the child’s native language, use of sign language if needed, and fair testing tools.
The purpose is to confirm or challenge the school district’s assessment. Parents use an independent assessment to better understand their child’s education, confirm educational needs, and decide if the child deserves more support, services, or therapy, such as occupational therapy or additional academic tests.
A school conducts its own initial evaluation and follow-up testing through school staff. An independent evaluation, however, is completed outside the school system. This private evaluation provides a second opinion that may identify gaps in the school district's evaluation or flaws in the school’s evaluation findings.
Federal rules under the Individuals with Disabilities Education Act (34 CFR § 300.502) protect a parent’s right to request an independent educational evaluation. If a parent disagrees with a school district’s assessment or original evaluation, they may request an evaluation at public expense. The law requires the school district to respond without unnecessary delay and either approve funding or file for due process to defend its evaluation.
Parents may request an independent educational evaluation whenever they disagree with the school’s evaluation. This right exists to protect the child’s free appropriate public education and ensure the child receives appropriate special education services.
| Factor | IEE at Public Expense | IEE at Private Expense |
|---|---|---|
| Who pays | The school system pays | Parent obtains and pays |
| Approval needed | The school district agrees or the hearing officer decides | No approval required |
| Evaluator rules | Must meet evaluator qualifications set by the district | The parent chooses a qualified examiner |
| Use in IEP | The IEP team must consider the evaluation findings | Also considered in the child’s IEP |
| Legal standard | Evaluation at public expense must follow same criteria | More flexibility for parent |
Parents may request an IEE when they believe the school district evaluation does not fully explain their child’s educational needs or services. Concerns often arise after testing, IEP meetings, or placement decisions affecting the child’s education and progress in public education programs.
If a parent disagrees with the school’s evaluation or the school district’s assessment, they may request an independent educational review. This often occurs when the school’s evaluation findings do not align with the child’s daily struggles or academic performance.
Parents may worry that the child was tested unfairly, without proper tools, or not in the child’s native language. In some cases, testing ignores medical exams, independent testing, or sign language needs.
An evaluation obtained years ago may no longer reflect the child’s educational growth. If the school refuses to provide updated testing, parents may request an independent educational evaluation to assess current needs.
The IEE request process is simple, but it must follow legal steps. Parents submit a written request, may explain their disagreement, and request that the school system pay for the independent assessment at public expense.
Parents start by sending a written request to the school district. This letter asks the public agency to approve an IEE at public expense.
A parent disagrees with the school district evaluation but does not have to explain why. Still, sharing concerns about the school’s evaluation or school district’s assessment can help advocate effectively.
Parents may request an IEE at public expense. If the school district agrees, it must fund the evaluation conducted by a qualified examiner.
1. Student Identification Information: Include the child’s name, child’s school, grade, and street address city details so the district can locate the child’s educational record.
2. Evaluation Being Disputed: Identify the school district evaluation, initial evaluation, or original evaluation you are challenging.
3. Request for Independent Evaluator List: Ask for approved evaluator qualifications and provider lists that meet the same criteria standards.
After receiving the written request, the school district must act quickly. Federal special education laws forbid unreasonable delays. The district must either approve the independent evaluation or initiate due process to defend its assessment.
If the school district agrees, it must fund the educational evaluation at public expense and provide evaluator options.
If the school district refuses, it must request a due process hearing to demonstrate that its school’s evaluation was appropriate. Districts must respond without unnecessary delay.
Independent reports often play a major role in a process hearing. Hearing officers review both school and private evaluation evidence before deciding services and placement tied to the child’s individualized education program.
A qualified examiner may testify about evaluation findings, independent assessment methods, and testing accuracy.
A hearing officer decides how much weight to give independent educational reports compared to the school’s evaluation.
A special education lawyer or attorney helps parents protect their rights, prepare documents, and present strong evidence so the child receives appropriate services and support.
A special education lawyer helps parents write a written request to the school district for an independent educational evaluation. The letter says the parent disagrees with the school’s evaluation and the school district’s assessment. It asks for an evaluation at public expense.
If the school district denies the request, a special education attorney can help the parent challenge the decision. The lawyer may request a due process hearing and challenge the school’s evaluation findings. They also challenge unreasonable delays. This help is important when the school system blocks independent testing or refuses to pay.
Independent reports help show the child’s real educational needs. A special education lawyer shares evaluation findings, independent assessment results, and examiner opinions in the process hearing. This helps the hearing officer determine the services the child is entitled to and the changes needed in the child’s individualized education program.
Can I request an IEE if my child already has an IEP?
Yes. Parents may challenge the child’s school evaluation at any time.
Will the school system always pay?
Only if the hearing officer decides or the school district agrees.
Can I get testing done at my own expense first?
Yes. A parent obtains a private evaluation and submits it later.
Can my child be evaluated outside the school?
Yes. You can request that your child be evaluated independently through an independent evaluation by a qualified examiner.
Does an independent evaluation replace the school’s testing?
No. It does not replace it; it provides additional results when your child is evaluated independently.
Requesting an IEE can feel stressful when schools delay answers or deny services your child receives. Our team reviews the child’s educational record, the school district’s assessment, and the IEP team's decisions to see if testing was fair and complete.
Forte Law Group works with families to secure independent educational reviews, challenge denials, and advocate for services consistent with free appropriate public education rights. We help children be properly evaluated, advocate effectively in due process hearings, and pursue evaluations at public expense when permitted.
Contact us today for guidance focused on your child’s educational future.
