IEE FAQs

IEE FAQs:

An IEE is the basis for getting your child needed services through the school district.  The district does their evaluations and may find your child needs special education (or not) but then they do little to nothing to help your child actually learn and gain from their time in school.  Most children in special education have a specific need or needs that keeps them from learning in the general education classroom.  It is services that allow them to learn.  If your child has difficulty reading, then they need intensive instruction in reading.  If they have speech issues then they need speech therapy.  If your child cannot write well and has fine motor issues then occupational therapy is called for, or the OT may also help with sensory issues.  There are more servies than I will enumerate here, but the key to getting any kind of help for your child is often in the IEE.

WHAT:  IEE = Independent Educational Evaluation - should be done at public expense, the district can set up a contract with the expert so that you do not have to pay out of pocket, they will likely drag their feet though, so it might go faster if you can pay up front and have the district reimburse you, but, don't do that until you have an agreement in writing that they will reimburse you for the cost.  Districts often set limits on who they will reimburse, some of those limits are reasonable, others are not.  They cannot speicifically deny an IEE due to cost, though if your expert costs 5 times the prevailing rate they will usually not reimburse you for that IEE.  I have found the popular way to avoid the use of experts that do a good job of advocating for our kids in this areas is to set a mileage limitation on the experts one may use.  There are two ways to fight this.  1) they cannot set limits that they do not follow themselves AND 2) You may have a good reason for using these particular people for your child and you can argue why you need to use these particular experts.  All of our best experts are about 5-10 miles outside of the mileage limitations, but I have been able to use them so far by arguing that they do not adhere to their own limits, so I should not have to either.  Below is a letter I have used to make my point with the district.

As we are aware, all of these experts are outside of the mileage limitations as prescribed by the WESELPA, but that the WESELPA limitations are outside of the limits prescribed by OSEP.  See the letter copied into this e-mail below.  Because the district uses experts from outside the area set by the WESELPA, it can not set those limits for parents.  As I shared with you in an earlier conversation, Ms. Abby Rozenberg, who was offered as a provider of an IEE for another of my children, just over two months ago, is further away than these providers, so the distance criteria is not appropriate as per OSEP. The WESELPA mileage limitations are not in accordance with OSEP policy.

Thank you for your prompt attention to this matter.  Please see the letter below, and if there is any question as to the authenticity of this being in the Dept. of Education database I am including the link to this page on their site.  The letter I refer to is the third letter down from the top on that site.  http://www2.ed.gov/policy/speced/guid/idea/letters/revpolicy/tpiee.html  I am also including contact information for all of the experts listed, below the OSEP letter in order to make setting up contracts quite easy. 

Sincerely,

Linda K Higgins

Dated February 20, 2004

Alice D. Parker, Ed.D.

Assistant Superintendent

California Department of Education

721 Capitol Mall

Sacramento, California 94244

Dear Dr. Parker:

This is a response to your letter to Larry Ringer, Associate Division Director, Monitoring and State Improvement Planning, requesting guidance from the Office of Special Education Programs (OSEP) regarding an independent educational evaluation (IEE) under 34 CFR §300.502 of the regulations implementing the Individuals with Disabilities Education Act (IDEA).  Specifically, you ask whether it is permissible for a public agency to restrict a parent’s choice of an IEE to only the evaluators on a list provided the parent by the public agency and whether the public agency has the ultimate authority to choose the evaluator.

The current IDEA regulations specify that the right of a parent to obtain an IEE is triggered if the parent disagrees with an evaluation initiated by a public agency.  See §300.502(b)(1).  The regulations also require that on request for an IEE, a public agency must provide the parent information about where an IEE may be obtained, and the agency criteria applicable for IEEs. 34 CFR §§300.502(a)(2) and (e)(1).  The public agency must set criteria under which an IEE can be obtained at public expense, including the location of the evaluation and the qualifications of the examiner, which must be the same as the criteria the public agency uses when it initiates an evaluation, to the extent those criteria are consistent with the parent’s right to an IEE.  34 CFR §300.502(e)(1).  Other than establishing these criteria, a public agency may not impose conditions or timelines related to a parent obtaining an IEE at public expense.  See §300.502(e)(2).

It is not inconsistent with IDEA for a district to publish a list of the names and addresses of evaluators that meet agency criteria, including reasonable cost criteria.  This can be an effective way for agencies to inform parents of how and where they may obtain an IEE.  In order to ensure the parent’s right to an independent evaluation, it is the parent, not the district, who has the right to choose which evaluator on the list will conduct the IEE.  We recognize that it is difficult, particularly in a big district, to establish a list that includes every qualified evaluator who meets the agency’s criteria.  Therefore, when enforcing IEE criteria, the district must allow parents the opportunity to select an evaluator who is not on the list but who meets the criteria set by the public agency.  

In addition, when enforcing IEE criteria, the district must allow parents the opportunity to demonstrate that unique circumstances justify the selection of an evaluator that does not meet agency criteria.  In some instances, the only person qualified to conduct the type of evaluation needed by the child may be an evaluator who does not meet agency criteria.  For example, because children must be assessed in all areas related to the suspected disability, there may be situations in which some children may need evaluations by an evaluator who does not meet agency criteria.  In such situations, the public agency must ensure that the parent still has the right to the IEE at public expense and is informed about where the evaluation(s) may be obtained.  

Section 300.502(b)(2) of the regulations states that “If a parent requests an independent educational evaluation at public expense, the public agency must, without unnecessary delay, either (i) initiate a hearing under §300.507 to show that its evaluation is appropriate; or (ii) ensure that an independent educational evaluation is provided at public expense, unless the agency demonstrates in a hearing under §300.507 that the evaluation obtained by the parent did not meet agency criteria.”  Therefore, if a parent elects to obtain an IEE by an evaluator not on the public agency’s list of evaluators, the public agency may initiate a due process hearing to demonstrate that the evaluation obtained by the parent did not meet the public agency criteria applicable for IEEs or there is no justification for selecting an evaluator that does not meet agency criteria.  If the public agency chooses not to initiate a due process hearing, it must ensure that the parent is reimbursed for the evaluation.

At your request, we have reviewed the guidance provided by the California Department of Education (CDE).  We recommend that CDE add to the guidance after the first sentence that (1) the parent, not the district, has the right to choose which evaluator on the list will conduct the IEE; and (2) when enforcing IEE criteria, the district must allow parents the opportunity to select a qualified evaluator that meets agency criteria even if that evaluator is not on the list of potential evaluators established by the district.  In addition, the district must allow parents the opportunity to demonstrate that unique circumstances justify the selection of an evaluator that does not meet agency criteria.  We recommend revising the second sentence as follows:  if a parent elects to obtain an IEE by an evaluator not on the public agency’s list of evaluators, and the public agency believes the evaluator does not meet agency criteria or there is no justification for selecting an evaluator that does not meet agency criteria, the district may file for due process rather than pay for the IEE. 

We hope that you find this explanation helpful.  If you need further assistance, please call Dale King at (202) 260-1156.

Sincerely,

/s/ Patricia J. Guard for 

 

WHY: You disagree with the evaluation done by the district.  You can disagree with all or part of their evaluation.  Often times I find that the findings may be adequate, but that the receommendations are seriously lacking.  If you are asked what you disagree with it is generally safe to tell them that you are not comfortable with the recommendations made or the lack of recommendations as many districts do not allow the evaluators to make recommendations on their reports, thus keeping them from making recommendtion that the district would not like to pay for.  SOmetimes a distric tevaluation may not include all aspects of the area they should assess.  Our district repeatedly avoided valuating in the sensory realm, a huge area for my daughter, if the district does not evvaute in all areas of suspected disability then you deserve an IEE.

WHEN: When you disagree with the school district's evaluation in any one or several areas. Generally you might ask for an IEE in Psychoeducation, Speech, Occupational Therapy, Augmentative Communication, Assistive technology, Vision, Physical therapy, or any other area that the district may have assessed. The general rule of thumb is that the district should have performed the evaluation within about a year.

WHO: An expert in the particular field who has experience writing up reports that the district takes seriously. The evaluations they write up need to include an explanation of the tests they did, their conclusions, why they believe your child needs whatever they recommend, and goals for the district to implement.  A great IEE is one that lays out exactly why the child needs the services receommended so that the district is not as likely to go to due process to fight the need for more services, you want to win in the initial phase rather than ending up in court. It is usually not effective to use people employed at hospitals as they are experts at writing up an evaluation for funding from insurance companies for medical need, not for writing up educational need. They may be great at writing up reports but you want an expert who understands the educational system.

HOW: Get the names of great evaluators in your area from attorneys, advocates, and other parents who have been successful in getting their child's needs met. Don't use the people sugggested by the district. In most cases these people will not do an adequate job, they will often write a very poor report that does not justify any increased services and that is why the district recommends them.