Understanding Independent Educational Evaluations: A Parent's Guide (Southern California)

A comprehensive guide to IEEs for parents in Southern California, including your rights under federal and California special education law, when to request an IEE, and how the process works.

Understanding Independent Educational Evaluations: A Parent's Guide (Southern California)

As a parent navigating special education in Southern California, you want what's best for your child, especially when it comes to evaluation and support services. One tool available under federal and California special education law is an Independent Educational Evaluation (IEE). This guide explains what an IEE is, when you may need one, and how the process works so you can confidently advocate for your child's needs.

What is an Independent Educational Evaluation (IEE)?

An Independent Educational Evaluation (IEE) is an assessment conducted by a qualified professional who does not work for your child's school district. This means that the evaluator is independent and can offer a neutral perspective on your child's strengths, learning needs, and eligibility for special education services.

Parents most often request an IEE when they disagree with their school district's evaluation results, perhaps because the district report did not fully addressed certain areas of concern, missed key information, or did not reflect what parents are seeing at home and school.

Your Rights to an IEE in California

Under both federal IDEA law and California Education Code, parents have the right to request an IEE at public expense, if they disagree with the school district's evaluation. That means the district either pays for the IEE or must defend its evaluation in a hearing.

Steps for requesting an IEE:

Parents must submit the request in writing to the district.

Parents do not have to explain or justify why they disagree, they just need to state disagreement and the request for an IEE.

The district must respond without unnecessary delay, by either agreeing to fund the IEE or initiating due process to defend its own evaluation.

You are entitled to one publicly funded IEE per area of evaluation (e.g., Speech and Language, Occupational Therapy, Psychoeducation, Assistive Technology, Physical Therapy), with which you disagree with the district's evaluation and is an area of concern that needs to be evaluated.

When should you consider requesting an IEE?

You disagree with the district's conclusions about eligibility, strengths, or areas of need.

You feel the district's evaluation did not include testing in specific areas.

You want a more comprehensive or specialized evaluation before developing or revising an IEP.

You want an independent expert to identify appropriate supports and services in an IEP meeting.

What happens when the IEE report is complete?

The report will be sent to the parent/legal guardian and the school district funding the evaluation.

The results become part of your child's educational records.

The school district must consider the IEE at your child's IEP meeting, just like any other assessment data. The evaluator is usually invited to an IEP meeting to present their findings/recommendations.

This can be powerful information when discussing services, placement, accommodations, and goals.

Tips for parents in Southern California:

**Keep records**: Save all evaluation reports, written requests, emails, and meeting notes.

**Be clear and timely**: Send your IEE request promptly after receiving the district evaluation and IEP report.

**Know your rights**: You are not required to explain your disagreement, just state it.

**Ask for support**: It may help to have a special education advocate or attorney to help with your request, if the district challenges your request.

Sometimes, even after the IEE is presented, the IEP team may still not agree with the recommendations, eligibility category, and/or areas of need. In these circumstances, it can help to have a special education advocate or attorney to assist with advocacy.

Final Thoughts

Understanding Independent Educational Evaluations empowers you to be a stronger advocate for your child. IEEs give families a chance for an unbiased look at their child's educational needs and they are backed by law to help ensure your child's educational program is fair and appropriate.

If you are considering an IEE or have questions about how to start the process, do not hesitate to reach out to your local Special Education Director and schedule a consultation with Thrive Care Neuropsychology if you have additional questions.

Additional Special Education Resources:

1. **Disability Rights Education and Defense Fund (DREDF)**

https://dredf.org/about-us/

2. **IEP and 504 Plan Resources:**

https://dredf.org/special-education/sample-letters

*This blog is for educational purposes and does not replace individualized medical or psychological advice.*