2021 ·
Nebraska Department of Education education.ne.gov · PTI Nebraska pti-nebraska.org
TIP SHEET
Independent
Education Evaluation
A referral for a special education evaluation is the rst step in determining if a child has a disability and is
eligible for special education. This evaluation must be completed before a child can receive special education
or related services. The evaluation process is outlined in federal and state law.
Information provided by the parents during the special education evaluation process is important and
must be considered by the Multidisciplinary Team (MDT). The MDT is the group of professionals (including
parents) that conducts the evaluation and gathers information used to determine if the child is eligible for
special education and related services. If you have information from sources outside the school district,
consider sharing it with the MDT as part of the evaluation process. Potential outside sources with knowledge
of your child may include a doctor or other medical specialists, mental health counselors, probation
ofcers, community support workers, and occupational, physical and speech therapists providing medical
interventions. For more information on special education evaluations, see the evaluation tip sheet at https://
www.education.ne.gov/sped/parent-information/.
Many times, the school district and the parents agree with the results of the special education evaluation.
However, there are instances in which the parents do not agree with the school district’s evaluation ndings.
What should I do if I do not agree with the results of my child’s special
education evaluation
If you, as a parent of a child with a disability, do not agree with the results of the school district’s evaluation
of your child, you have the right to obtain what is known as an Independent Educational Evaluation (IEE). This
means that you may ask that a professional, competent evaluator who is not employed by the school district
conduct another evaluation of your child. If you request an IEE of your child, the school must provide you with
information about where you can obtain such an evaluation. Sometimes, school districts request an IEE if
they want an evaluation that requires a professional with special expertise.
Who pays for the independent evaluation?
Some IEE’s are conducted at public expense
(meaning, the school system pays for the
evaluation), and others are paid for by the parents.
You have the right to request an IEE at public
expense. This means that the school system would
pay for an entirely new and independent evaluation
of your child.
The school may grant your request and pay for
the IEE, or it must le due process. Due process
allows the school district to request a due process
hearing to demonstrate that its own evaluation was
appropriate. The school may ask why you object
to its evaluation, but it may not require that you
explain, or cause unreasonable delays in providing
the IEE at public expense or in initiating due process
to defend its evaluation.
2021 ·
Nebraska Department of Education education.ne.gov · PTI Nebraska pti-nebraska.org
If the school initiates due process, and the nal
decision of the due process hearing ofcer is that
the evaluation of the school was appropriate, you
still have the right to an IEE but not at public expense.
If you want your child to have an IEE, you will have to
pay for it yourself.
Sometimes, as part of a due process hearing, the
hearing ofcer will ask that an IEE be conducted.
If this happens, the evaluation must always be
conducted at public expense.
When an IEE is paid for with public funds, it must
comply with the same criteria that the school
system uses when conducting an initial evaluation
of a child. The school must tell parents what those
criteria are—such as the location of the evaluation
and the qualications of the examiner. These
criteria must be the same as those used by the
school system for its own evaluation to the extent
that these are consistent with the parents’ right
to an IEE. Nonetheless, the school system may not
impose other conditions or deadlines with respect to
conducting the IEE at public expense.
What else should a parent know about IEEs?
As a parent of a child with a disability, you should know that you have a right to only one IEE at public
expense each time the school conducts an evaluation of your child and you disagree with the ndings of
that evaluation. Of course, you always have the right to have your child evaluated independently at your
own expense. (Note: When the same tests are repeated in a short period of time, the validity of the results
decreases, so caution must be taken to ensure evaluation results are accurate.
Key Points
• Parents may request an IEE be conducted at public expense if they do not agree with the results of the
school district’s evaluation
• The request for an IEE at public expense may be approved or denied by the school district or a neutral
hearing ofcer
• Parents always maintain the right to obtain an IEE at their own expense. If a parent pays for an IEE, the
school district must consider the information included in the evaluation, however, it does not have to
agree or accept those ndings.
• Once an IEE is conducted, the results must be considered by the school district or approved cooperative.
For more information about an independent education evaluation, contact your child's special education
teacher, a PTI Nebraska parent/professional at (800) 284-8520 and pti-nebraska.org, or the Nebraska
Department of Education at (402) 471-2471 and education.ne.gov/sped/.
The Individuals with Disabilities Education Act (IDEA) is a law that makes available a free appropriate public education to eligible children with
disabilities throughout the nation and ensures special education and related services to those children. See https://sites.ed.gov/idea/ for more
information on IDEA.
Rule 51 is the document that outlines regulations and standards for special education programs in Nebraska. Rule 51 can be found on the Nebraska
Department of Education’s website: https://cdn.education.ne.gov/wp-content/uploads/2017/10/Rule51_2017.pdf.
Rule 55 is the document that outlines rules of practice and procedure for due process hearing in special education contest cases. Rule 55 can be
found on the Nebraska Department of Education’s website: https://cdn.education.ne.gov/wp-content/uploads/2017/10/Rule55_2012.pdf
SOURCES
Center for Parent Information & Resources - Adapted with Permission
https://www.parentcenterhub.org/iee/
https://www.parentcenterhub.org/evaluation/#disagree