An independent educational evaluation (IEE) is your legal right as a parent when you disagree with your child’s school assessment. Under federal law, parents have the right to request a second opinion from a qualified professional who doesn’t work for the school district—and in most cases, the school district must pay for it.
This comprehensive process can feel overwhelming, but understanding your rights under the Individuals with Disabilities Education Act (IDEA), also known as the Disabilities Education Improvement Act, puts you in control. Whether the school’s evaluation seems incomplete, outdated, or simply doesn’t capture your child’s full needs, an independent education evaluation can provide the thorough assessment your child deserves to receive a Free Appropriate Public Education.
Bridges of the Mind Psychological Services‘ Key Facts About Independent Educational Evaluations
What it is: An independent evaluation by a qualified examiner not employed by your school district
When you can request it: Anytime a parent disagrees with the school’s evaluation results
Who pays: Usually the public agency (school district) is responsible for payment at public expense
How many: Only one IEE per school evaluation you disagree with
School district’s options: Either pay for the evaluation at public expense or file for a due process hearing
Your rights: No need to explain why you disagree; school district cannot cause unreasonable delays
The research shows that requesting an IEE at public expense is like seeking a second medical opinion. If your child’s school evaluation doesn’t seem accurate, is incomplete, or missed important areas of concern, you have the power to seek an independent evaluation to ensure your student receives appropriate special education services.
What is an Independent Educational Evaluation and Why Request One?
Defining an Independent Educational Evaluation
An independent educational evaluation (IEE) is the educational equivalent of getting a second medical opinion. Under the Individuals with Disabilities Education Act (IDEA), parents may ask a qualified professional who is not employed by the school system to re-assess their child—at the school district’s expense—whenever a parent disagrees with the school’s testing or conclusions (34 C.F.R. §300.502).
What makes an independent education evaluation valuable is its independence from the school system. The evaluator has no stake in district budget constraints and no obligation to defend earlier findings. At Bridges of the Mind, we use current, research-based tools and a neurodiversity-affirming lens so families receive a clear, unbiased picture of a child’s strengths and needs. Our comprehensive assessment services can be funded as an IEE at public expense when school districts approve the request.
When you obtain an independent educational evaluation, you’re ensuring that your child is evaluated independently from the school system that conducted the initial evaluation. This process helps determine whether your student truly requires special education services or if the school’s evaluation missed important areas of need.
Common Reasons Parents Request an IEE
When a parent disagrees with the school’s evaluation, they have the right to request an independent educational evaluation IEE. Parents usually decide to pursue an evaluation at public expense when the school’s evaluation:
- Declares the child ineligible for special education despite ongoing struggles with a suspected disability
- Seems incomplete—overlooking social-emotional, sensory, or executive-function skills that school staff should have assessed
- Uses outdated or culturally inappropriate tests that misidentify a disability or miss one altogether
- Was performed by personnel without expertise in the child’s suspected disability area
- Is more than two years old and no longer reflects the student’s present abilities
- Failed to adequately assess areas where the parent disagrees with findings
An independent evaluation may assess academic achievement, cognitive processing, communication, behavior, motor or sensory skills, and assistive-technology needs—all in one holistic profile. By bringing new data to the IEP table, an evaluation obtained through the IEE process often leads to services, accommodations, or placements that the original evaluation did not consider for special education services.
Your Legal Rights: Securing an Independent Educational Evaluation at Public Expense
When Parents Are Entitled to a Publicly Funded IEE
Your right to obtain a publicly funded IEE is straightforward: if a parent disagrees with the school district’s evaluation, you may request one (34 C.F.R. §300.502). An independent educational evaluation IEE must be formally requested in writing to ensure your IEE request is documented and the public agency responds appropriately. Under the law, only one IEE can be requested at public expense per school evaluation. You don’t have to explain why you disagree, and the school district must respond without unnecessary delay—generally interpreted as about 15 school days.
When you request an IEE, you’re asking the school system to pay the full cost for your child to be evaluated independently. This means the school system pays for a qualified professional outside their staff to conduct the evaluation. The evaluation conducted by an independent evaluator becomes part of your child’s educational record and must be considered in all future decisions about special education services.
How to Formally Request an Independent Educational Evaluation
Put your written request in writing: Email or letter is fine for your IEE request
Address the Special Education Director: Copy the case manager or principal at your child’s school
State your disagreement clearly: Request an “Independent Educational Evaluation at public expense”
Ask for district criteria: Request information about evaluator qualifications and cost limitations
Request a sample letter template: Many districts have sample letter formats for IEE requests
Keep copies of everything: Clear documentation prevents later disputes and speeds up funding approval
When you submit your written request, the school district has a short period to respond with either approval to pay for the evaluation or notification that they will file for a due process hearing. This process ensures that when a parent disagrees with school evaluations, there are procedural safeguards in place.
The School District’s Role: Obligations and Timelines
The School District’s Two Choices: Fund or File
After you request an independent education evaluation, the school district has only two lawful options under the Education Act:
Fund the IEE: The public agency supplies its criteria and pays the evaluator directly (or promptly reimburses you) once you select a qualified professional. You are not limited to the school district’s preferred list—any evaluator who meets reasonable criteria is acceptable, and public expense means the school system pays the full cost.
File for due process: If the school district believes its evaluation is sufficient, it must prove that in a hearing before a hearing officer, bearing the burden of proof. In this due process hearing, a hearing officer—an impartial third party—reviews the evidence and must determine whether the school must pay for the IEE or if the parent is responsible for the cost.
Ignoring the IEE request, demanding a written rationale beyond basic procedural safeguards, or adding extra problems is illegal under federal law.
Understanding Timelines and Potential Delays
Although IDEA says responses must come “without unnecessary delay,” most states interpret that as roughly 15 school days. Warning signs of unlawful delays include unanswered emails, repeated “we need more time” messages, or scheduling multiple meetings without making a decision. If that happens you may send a follow-up letter citing §300.502, file a state compliance complaint, or (with legal guidance) obtain the evaluation at your own expense and seek reimbursement.
We maintain a no-waitlist policy at our Sacramento location, so once the school district approves funding for an IEE at public expense, families serving the greater Sacramento area, San Jose, and South Lake Tahoe can move from IEE request to evaluation conducted in a short period without additional delays.
The IEE Process: From Choosing an Evaluator to Using the Results
Selecting a Qualified Evaluator and IEE Criteria
Choosing the right evaluator for your independent educational evaluation is one of the most important decisions you’ll make in this process. You have much more control over this choice than many parents realize when they request an IEE.
You don’t have to pick from the school system’s list. While school districts often provide a list of preferred evaluators, you can choose any qualified professional who meets their basic criteria. The school district must tell you their criteria for evaluators, and these should be the same standards they use for their own school staff.
What makes a truly effective IEE evaluator goes beyond just meeting the school district’s basic requirements. Look for professionals who have experience with your student’s specific concerns, use current assessment tools, and take a neurodiversity-affirming approach. You want someone who sees your child as a whole person, not just a collection of test scores.
At Bridges of the Mind, we understand that every student is unique. Our learning disability evaluations reflect this individualized approach, and we’re experienced in conducting special education evaluations that truly capture each child’s strengths and challenges. Our location serves families throughout the Sacramento region, including those traveling from San Jose and South Lake Tahoe areas.
The evaluation conducted should be comprehensive and may include reviewing your child’s educational and medical records, interviewing parents and teachers, directly assessing your student, observing them in their classroom when appropriate, and providing a detailed written report with clear recommendations. When school staff conducted the initial evaluation, the independent evaluator should have access to similar information and settings.
How the School District Must Use the IEE Results
Once your independent educational evaluation IEE is complete, the school district must consider your IEE results—this isn’t optional under the Education Act. Federal regulations are crystal clear about this requirement. When we say “consider,” it means the IEP team must review the findings, discuss the recommendations, and document their consideration in meeting notes.
The school system must determine how the evaluation obtained through the IEE process impacts your child’s IEP. Results of the independent evaluation can directly affect decisions about special education services, related services, and educational placement. A hearing officer in any future due process hearing will also consider the IEE results when making decisions about your student’s education.
Your evaluation at public expense becomes a powerful tool in several ways. It can support requests for services or accommodations in IEP meetings, serve as evidence in due process hearings if disputes arise, help with eligibility determinations for special education services, guide placement decisions and program planning, and identify needs for related services.
The key to making your IEE work for your child is strategic follow-through. Share the results promptly with the school district team and request an IEP meeting to discuss the findings. Come prepared with specific questions about how the school will address recommendations in your child’s IEP.
Frequently Asked Questions about the IEE Process
How many IEEs can I request at public expense?
You’re entitled to only one IEE at public expense each time the school conducts an evaluation with which a parent disagrees. This is a crucial distinction that many parents don’t fully understand about the IEE process.
It’s not one independent educational evaluation per year or one per student—it’s one evaluation at public expense per school evaluation that you disagree with. This means if your school district conducts a comprehensive evaluation this year and you disagree with the results, you can request an independent educational evaluation IEE at their expense.
If the school district conducts a re-evaluation three years later and a parent disagrees with those results too, you’re entitled to another IEE at public expense. Each time school staff conduct an evaluation, the opportunity to obtain an independent evaluation resets.
Can the school district restrict the independent evaluator’s access to my child’s classroom?
The simple answer is no, the school system cannot restrict access if certain conditions are met. If school staff observed your student in the classroom as part of their initial evaluation, then the independent evaluator must be given the same opportunity.
School districts cannot create artificial barriers or restrictions that would prevent the independent evaluator from conducting a thorough assessment. This access right ensures that your independent education evaluation is truly comprehensive and comparable to what the school district was able to do with their school staff.
What if the school’s evaluation is old? Is there a time limit to request an IEE?
Yes, timing matters, and there is a specific time limit you need to know about when you want to obtain an independent educational evaluation. The IDEA includes a two-year statute of limitations for requesting evaluations at public expense, and this can significantly impact your rights.
For evaluations less than two years old, your rights are fully protected. You can request an independent educational evaluation if a parent disagrees, and the school district must either fund it or file for due process to defend their evaluation before a hearing officer.
What happens if the independent evaluator finds something the school missed?
This is where special education evaluations obtained through the IEE process can be truly transformative for children and families. When an independent evaluator identifies needs or disabilities that the school’s evaluation missed, it creates powerful evidence for your student’s educational planning.
The school district must consider these new findings—it’s not optional under public education law. Often, this leads to significant changes: eligibility for special education services where none existed before, additional or different services being provided, modifications to the IEP to address newly identified needs, or different placement recommendations that better suit your child.
We’ve seen cases where a school district’s evaluation missed a learning disability, but an evaluation conducted independently clearly identified it. Suddenly, a student who was struggling without support had access to specialized instruction and accommodations that transformed their school experience and helped them access their Free Appropriate Public Education.
Taking the Next Step: Comprehensive IEE Services
When you understand your rights regarding independent educational evaluations, you’re holding one of the most powerful tools available to parents in the special education system. The IEE process might feel overwhelming at first, but it’s designed to ensure your voice matters just as much as the school district’s when it comes to understanding your student’s needs.
Think of requesting an independent education evaluation as getting a second medical opinion—it’s not about being difficult or confrontational with your child’s school. It’s about making sure your student gets the most accurate, comprehensive assessment possible to determine appropriate special education services.
Every child learns differently, and their evaluation should reflect that uniqueness. Whether your student is neurodivergent, has learning differences, or simply processes information in their own way, an evaluation obtained through the IEE process can provide the detailed, nuanced assessment that leads to better educational outcomes and ensures access to Free Appropriate Public Education.
At Bridges of the Mind, we’ve seen how the right evaluation can completely transform a student’s educational experience. Our neurodiversity-affirming approach celebrates each child’s unique strengths while addressing their specific needs. We don’t just identify challenges; we focus on understanding the whole child and providing recommendations that set them up for success.
We serve families throughout the greater Sacramento area, including those traveling from San Jose and South Lake Tahoe. With our no-waitlist policy, you can typically schedule a comprehensive assessment within 2-3 weeks of school district approval for your IEE request. Our in-person evaluation process ensures thorough, hands-on assessment that captures your student’s complete learning profile.
Our comprehensive assessment services include ADHD testing and evaluations, autism testing and evaluations, learning disability evaluations, and independent educational evaluations. Each assessment is conducted with a neurodiversity-affirming lens that recognizes and celebrates different ways of thinking and learning.
When a parent disagrees with their child’s school evaluation, seeking an independent educational evaluation isn’t just your right under the Education Act—it’s one of the most valuable investments you can make in their future. An evaluation conducted independently can provide the clarity, validation, and roadmap you need to ensure your student’s educational needs are fully understood and properly addressed.
The school system must determine how to use the results when you obtain an independent educational evaluation, but your continued advocacy is what transforms those results into meaningful educational improvements. Whether you need to go through the due process hearing system or work collaboratively with your school district, having comprehensive evaluation data strengthens your position.
If you’re considering an IEE for your student, we’re here to help guide you through the process. Contact us to learn more about how our comprehensive assessment services can support your child’s educational journey and ensure they receive the understanding and support they deserve to reach their full potential within the public education system.
