Advocating for your child’s education can be a challenging and often overwhelming process. Special education law is designed to assure that students with disabilities receive the support they need, but sometimes, disputes arise regarding the adequacy of the educational services provided.
One important tool that can help resolve these disputes is an Independent Educational Evaluation (IEE). If you feel that your child's current evaluation is inadequate or that their needs aren't being met, requesting an IEE can be a key step in making sure that they receive the proper support.
The process of requesting an IEE can be complicated, but understanding when and how to make the request is crucial. Here, I’ll explore the circumstances under which an IEE may be requested, how to request one, and what to do if the school disagrees with your request. Read on for more information on how an IEE can support your child’s educational success.
What Is an Independent Educational Evaluation?
An IEE is an assessment conducted by a qualified examiner who isn’t employed by the school district. It provides an outside perspective on a child's needs, strengths, and challenges, which can offer valuable knowledge into their educational requirements.
Special education law allows parents to request an IEE if they disagree with the results of the evaluation conducted by the school district.
IEEs are typically requested when there’s a concern that the school’s evaluation may not accurately reflect the child’s abilities or needs. The results of an IEE can be used to advocate for additional services or changes to a child's Individualized Education Plan (IEP) or 504 Plan.
It’s important to note that parents are entitled to one IEE at no cost to them if they disagree with the school’s evaluation, as long as the IEE meets certain criteria under special education law.
Understanding what an IEE is and how it can benefit your child is essential to knowing when it may be the right course of action. Now, let’s discuss when and why you might need to request an IEE for your child’s education.
When Should You Request an Independent Educational Evaluation?
Parents may request an IEE when they disagree with the findings of their child’s initial or reevaluation conducted by the school. Disagreements can arise for many reasons, including concerns about the methods used during the evaluation, the qualifications of the evaluator, or the results not fully capturing the child’s needs.
Special education law makes sure that parents have the right to disagree with a school’s evaluation and request an independent assessment.
IEEs can be especially important in situations where the school’s evaluation didn’t consider certain areas of concern or where the child’s educational needs may have changed over time.
For example, if a child’s learning disabilities weren’t properly addressed or if a new diagnosis is discovered that affects their educational needs, an IEE can provide the necessary evidence to make sure that their educational plan is updated accordingly.
Some key factors to keep in mind when considering an IEE request include:
The scope of the evaluation: The school evaluation might not have addressed all areas of concern, such as social or emotional needs.
The expertise of the evaluator: A qualified independent evaluator may bring a fresh perspective or more specialized expertise to the assessment.
The need for updated information: If the child’s needs have changed, a new evaluation may provide the necessary data to support adjustments to their IEP or 504 Plan.
It’s essential to keep these considerations in mind when deciding if an IEE is the right choice. If you’ve decided to move forward, it’s important to know how to properly request an IEE.
How to Request an Independent Educational Evaluation
Requesting an IEE involves formally notifying the school district in writing. This letter should include the reason for the request, typically stating the disagreement with the current evaluation and the desire to seek an independent evaluation.
According to special education law, the school district is required to respond to the request within a reasonable timeframe, either by agreeing to fund the IEE or by providing information about the criteria the independent evaluator must meet.
When requesting an IEE, parents should make sure that they provide enough information about why they disagree with the school’s evaluation and how they feel the IEE will provide additional value.
It's also helpful to inquire about the specific guidelines the school district requires for an independent evaluator, such as the evaluator’s qualifications and the areas of assessment that should be covered.
Some key considerations when submitting a request include:
Clearly outlining concerns: Clearly explain why the school’s evaluation was insufficient or inaccurate and how the IEE can address these concerns.
Familiarizing yourself with school district policies: Each district may have specific rules and procedures for requesting an IEE, so make sure to review them before making the request.
Documenting communication: Keep copies of all communications with the school regarding the IEE request, including emails and letters, for your records.
Following these steps will help make sure that your request for an IEE is properly submitted and that you’re prepared for the next stages of the process.
What to Expect After Requesting an IEE
Once the school receives your request for an IEE, they have two options: they can either agree to fund the IEE or they can file for a due process hearing to defend their original evaluation. If the school agrees to the IEE, they must provide the parent with information about where the evaluation will take place and how to proceed with finding an appropriate evaluator.
If the school disagrees with the request, parents have the right to pursue a due process hearing to resolve the dispute.
At this point, the parent will need to find a qualified independent evaluator. While the school may provide a list of approved evaluators, parents aren’t limited to this list and can choose an evaluator who they feel is best suited to meet the child’s needs.
The evaluator will then conduct the assessment and provide a report with recommendations for services, accommodations, or modifications for the child’s IEP or 504 Plan.
Some important steps after requesting an IEE include:
Finding a qualified evaluator: Research and select an evaluator who is experienced and knowledgeable about the child’s specific needs.
Reviewing the evaluator’s report: Once the IEE is complete, carefully review the report to make sure that it addresses your child’s needs and can be used to advocate for services.
Sharing the results with the school: After receiving the IEE, share the report with the school to begin discussions about updating the IEP or 504 Plan based on the new findings.
This stage can be vital in making sure that your child receives the necessary services to succeed. Next, let’s discuss how to use the results of the IEE effectively.
Using the Results of the IEE
After receiving the results of the IEE, parents should carefully review the findings and make sure the evaluation covers all areas of concern. The IEE report will typically include recommendations for services, accommodations, and modifications that can support the child’s educational success.
Special education law makes sure that these recommendations must be considered by the school, and they may be used to revise the child’s IEP or 504 Plan.
Parents should be proactive in discussing the results of the IEE with the school’s special education team. These discussions may involve meetings with educators, administrators, and other professionals to determine how the recommendations from the IEE can be implemented effectively in the child’s education plan.
If the school refuses to accept the recommendations or refuses to update the child’s plan, parents may need to consider additional legal steps to make sure that the recommendations are incorporated.
Some important points to consider when using the IEE results include:
Collaborating with the school: Work closely with school personnel to make sure that the findings from the IEE are incorporated into the child’s IEP or 504 Plan.
Documenting your child’s progress: Keep track of how the changes made based on the IEE are affecting your child’s progress in school.
Advocating for necessary changes: If the school resists implementing the changes suggested by the IEE, continue to advocate for your child’s needs and legal rights.
The IEE provides parents with an opportunity to make sure that their child’s educational needs are properly addressed. Moving forward, it’s important to understand how the law supports the right to an IEE.
The Legal Foundation for Independent Educational Evaluations
Under special education law, specifically the Individuals with Disabilities Education Act (IDEA), parents have the right to request an IEE if they disagree with the school’s evaluation. IDEA guarantees that parents can seek an independent assessment at no cost to them if they believe the school’s evaluation is inaccurate or incomplete.
This law empowers parents to take an active role in advocating for their child’s education and makes sure that schools provide the necessary evaluations and services for students with disabilities.
It’s important to understand that while the school may disagree with the IEE, the results can’t be ignored. Schools are legally obligated to consider the recommendations from the IEE when developing or revising a child’s IEP or 504 Plan. If necessary, parents can use legal channels to compel the school to adhere to the recommendations made in the IEE.
Contact Me Today
As an experienced special education law attorney, I’m committed to helping families make sure that their child receives the appropriate services and support. I serve clients throughout the five boroughs of New York, including Cedarhurst, Nassau County, and Long Island.
Contact my firm, the Law Offices of Joseph M. Fein, today to discuss how I can assist you in advocating for your child’s educational needs and securing the services they deserve under special education law.
