01/23
Factsheet for Virginia’s Parents
Requesting an Independent Educational Evaluation (IEE)
PROCEDURAL SAFEGUARDS
A PEATC
Do You Know….
What if I Disagree with an Evaluation of my Child?
If your child is eligible for special educaon services, he will be evaluated and
reevaluated at various mes during his school career. Evaluaons will determine his
eligibility for services and help determine the services and supports that will be included
in his Individualized Educaon Program (IEP). Most of the me you will likely agree with
the results of the evaluaons. But there may be mes, when you may feel as though the
results are not accurate. The federal Individuals with Disabilies Educaon Act (IDEA) and
Virginia Regulaons Governing Special Educaons give you the right to ask for a new
evaluaon. This is called an Independent Educaonal Evaluaon (IEE).
What is an Independent Educational Evaluation (IEE) and When Should I
ask for One?
An IEE is an evaluaon conducted by a qualied evaluator who is not an employee of
your school division. You have the right to ask for an IEE at public expense (i.e., at no
cost to you) when you disagree with the results of an evaluaon conducted by the school.
This could be an evaluaon or reevaluaon for special educaon services or an
evaluaon for a specic service or support, for example, technology supports or speech
therapy. You can ask for only one IEE for every evaluaon with which you disagree.
Asking for an IEE is like asking for a 2
nd
opinion from a doctor or other professional. You
should consider requesng an IEE when the results or analysis of the school’s evaluaon
do not seem correct, or if the school has decided not to conduct an evaluaon you think
your child needs. Reasons for an IEE may include:
• You think the evaluaon was incomplete or was not based on sound methods
or tesng strategies that are valid for your child’s disability.
• You do not think that the evaluator was qualied.
• You do not think that the data that were collected were accurate.
• Your private therapist has a dierent opinion about your child’s needs.
• You have seen your child do things that the evaluator says he cannot do or vice
versa and therefore queson the evaluaons results.
Resources on Independent
Educational Evaluations
(IEEs)
VDOE – Virginia Parents’ Guide to
Special Educaon
VDOE – Regulaons Governing
Special Educaon Programs for
Children with Disabilies in Virginia
Center for Parent Informaon and
Resources – Right to Obtain an IEE
Understood – Private evaluaons:
What you need to know
Contact Us:
800-869-6782 / 703-923-0010
www.peatc.org
Hablamos Español
01/23
Factsheet for Virginia’s Parents
What are the Rules Related to an IEE?
• When you request an IEE, the school can ask but not require you to
explain why you disagree with their evaluaon.
• The school cannot delay providing the IEE or put special condions or
melines on the IEE.
• The school must provide you with informaon about how to obtain the
IEE and its requirements related to obtaining the IEE.
• A list of approved evaluators not employed by the school division will be
provided. If you do not like anyone on that list, you can choose your own
evaluator, but then you may have to pay for the evaluaon. You can ask
the school to consider an evaluator not on the list.
• The IEE is subject to the same requirements, including locaon and
evaluator qualicaons as the school uses for its own evaluaons.
• You can always obtain and pay for private evaluaons. However, if you
are asking the school to pay for an IEE, they have two choices.:
(1) Agree to the IEE or,
(2) Ask for a due process hearing to show that their evaluaon is
appropriate.
In addion to ling for due process, the school must provide you with Prior
Wrien Noce explaining their decision not to pay for the IEE.
• If at a due process hearing, the Hearing Ocer decides that the school’s
evaluaon is appropriate, you sll have the right to an IEE, but the school
would not have to pay for it.
• If the Hearing Ocer decides in your favor and orders the IEE, then the
school must pay for the IEE or ensure that it is free to you.
• The results of an IEE at public or private expense must be considered by
the school when the team is making decisions. However, the school is not
required to implement IEE recommendaons.
• You have the right to have the results of an IEE obtained at either public or
private expense used as evidence in a due process hearing.
Tips on Obtaining IEEs
• While not required, you
should make the request
for an IEE in wring so
there is a record of the
request and the school’s
response. This will also
avoid delays.
• If you want the school to
pay for the IEE, you cannot
have tesng performed
before you request the IEE.
• The evaluator conducng
the IEE must be given the
same opportunies as the
school evaluator to observe
the student and talk with
teachers and other sta.
• When an IEE is completed
the evaluator(s) should
meet with you to discuss
the results and provide a
wrien report.
PEATC’s mission focuses on building posive futures for Virginia's children by working collaboravely with families,
schools, and communies to improve opportunies for excellence in educaon and success in school and community life.