Are you considering a private evaluation for your child? In this article we answer frequently asked questions about Independent Educational Evaluations (IEE). Our responses are based primarily on the Massachusetts Special Education Regulations.
What is an IEE?
An IEE is an evaluation conducted by a qualified examiner who is not employed by your child’s school district.
While the terms “private evaluation” and “independent evaluation” have essentially the same meaning, we primarily refer to an “IEE” as a parent-requested, publicly-funded, private evaluation. You may choose any evaluator who is not employed by your child’s school district. The evaluator must be appropriately credentialed for the type of assessment, and must accept state rates, which may be lower than their typical rates.
Who pays for an IEE?
It depends. If your child qualifies for free lunches, then the district will usually pay for the IEE in full. Depending on your income, you may share the cost of the IEE with the district. The percentage is determined on a sliding scale based on the federal poverty guidelines.
• We generally do not recommend requesting an IEE if you can afford a private evaluation or if your insurance will cover the cost.
Why request an IEE?
There are many reasons why you may want to request an IEE. You may disagree with the scope and results of the assessments. Perhaps the reports did not accurately represent your child’s knowledge and skills. Maybe you question whether the evaluation was comprehensive and/or appropriate. Whatever the reason, if you would like the district to pay for the IEE, then you need to ask.
• An IEE request is necessary to obtain public funding.
You are not required to provide specific reasons for your IEE request. In some cases, however, it can be helpful.
When to request an IEE?
The right to an IEE is triggered each time the school district conducts an evaluation. The IEP meeting to review the assessments is a great time to request an IEE. Make sure to follow up with a written request.
• Have you ever been asked if you are satisfied with an evaluation at an IEP meeting? If are not satisfied, and you are comfortable, let the team know – even if you are not an IEE. It is also okay to say you are unsure. Saying you agree with the results may make it difficult to obtain public funding at a later date.
If the district did not already assess the areas you wish to have evaluated, we usually recommend asking the district to conduct the evaluation before seeking public funding.
How to request an IEE?
In writing! It is okay to tell the district that you will be seeking an IEE, but you should always follow up with a written request. There are several samples available online.
Do I have to notify the district I am obtaining an IEE?
No. You are not required to notify the district prior to obtaining and seeking reimbursement for an independent evaluation.
How long do I have to complete an IEE?
In Massachusetts, the right to an IEE lasts for 16 months from the date of the district’s evaluation. Thereafter, the district should typically be given an opportunity to conduct the assessment before you request an IEE.
Am I required to share the IEE report with the school?
When the district pays for the evaluation, the district is entitled to a copy of the evaluation report.
In general, we encourage you to share all relevant private evaluation reports with your district. Although results are not always expected or favorable, it is always best to be up front. If the matter is ever litigated, the report would likely come out anyway.
What happens after I share the IEE report with the school?
The IEP team should meet within 10 school days of receiving the IEE report. The IEP Team is only required to consider the report. They are not required to adopt any of the recommendations. However, we always recommend ensuring the IEP properly summarizes the report.
Summary
You have the right to a pay for a private evaluation at any time. If you would like public assistance to pay for a private evaluation, you must go through the IEE process.
Federal regulation (IDEA): 34 CFR 300.502 MA State regulation: 603 CMR 28.04(5)