Independent Educational Evaluation
Updated: Feb 12, 2020
Myth Dispelled: You can request an independent educational evaluation (IEE) in an area the district did not evaluate or of a type (e.g. neuropsych) the district did not previously conduct. Your last evaluation was a few months ago. The district replies telling you that first they get to evaluate and sends you a consent to evaluate form. While a district is able to "offer" this to you, they cannot "block" the IEE by first requiring that you allow them to evaluate.
"Under 34 CFR §300.502, parents of a child with a disability have a right to seek an IEE at public expense, if the parents disagree with the evaluation conducted by the public agency. This is so even if the reason for the parent’s disagreement is that the public agency’s evaluation did not assess the child in all areas related to the suspected disability."
When presented with an IEE request, the district has two choices: file for a hearing within 5 days or consent to the IEE.
The gaslighting is so bad on this one that there are multiple OSEP letters and at least one Dear Colleague letter which has been issued which reminds all districts of this requirement.