Yes, you can. If you disagree with the school's evaluation, federal law gives you the right to an independent educational evaluation (IEE) at public expense, which means the school pays. The school must either pay for it or ask for a hearing to show its own evaluation was appropriate. The results can then inform your child's Individualized Education Program (IEP).
If you just read the school's report and it doesn't match the child you know, you have real options. Asking for an IEE is a normal part of special education, and it doesn't accuse anyone of doing a poor job. It adds another qualified view so the team making decisions about your child has fuller information.
What is an independent educational evaluation, and when can I ask for one?
An evaluation is the testing and observation a school uses to decide whether a child has a disability and what help they need at school. Under the Individuals with Disabilities Education Act (IDEA), the federal special education law, the school does its own evaluation first. If that hasn't happened yet, you can request a school evaluation in writing, even when grades look fine. The school also can't require an outside diagnosis before it evaluates.
An IEE is an evaluation done by a qualified examiner who doesn't work for the school district responsible for your child's education. The right to one is written into the federal regulation at 34 CFR 300.502, on the U.S. Department of Education's IDEA site. It applies when you disagree with an evaluation the school already did.
If you're newer to this process, our guide covers what an IEP is and what it covers.
Will the school pay for an independent educational evaluation?
Public expense means the school pays the full cost of the IEE or otherwise makes sure it costs you nothing. When you ask for an IEE at public expense, the school has two choices. It must act on one of them "without unnecessary delay," which is the federal standard.
- Pay for the IEE.
- File for a due process hearing to show its own evaluation was appropriate.
A due process hearing is a formal hearing where a neutral hearing officer listens to both sides of a special education disagreement and makes a decision.
It's worth being clear about what this means. The school doesn't have to pay just because you asked. If the hearing officer decides the school's evaluation was appropriate, you can still get an IEE, but it won't be at public expense.
A hearing officer can also order an IEE as part of a hearing. When that happens, the IEE is at public expense. The Center for Parent Information and Resources explains these options in its guide to independent educational evaluations.
Does the school get to ask why I disagree or choose the evaluator?
The school may ask why you disagree with its evaluation. You can answer if you want to. The school can't require an explanation, and it can't use the question to unreasonably delay paying for the IEE or filing for a hearing.
When you ask for an IEE, the school must tell you where one can be done. It must also share the criteria it uses for its own evaluations. Criteria are the standards an evaluation has to meet, such as where it takes place and what qualifications the examiner holds.
An IEE at public expense has to meet those same criteria, as long as they're consistent with your right to an IEE. The school can set standards, but it can't apply them in a way that undercuts that right.
You can get one IEE at public expense each time the school does an evaluation you disagree with.
Some states and districts add their own IEE rules on top of the federal ones, so the details can vary where you live. Ask the school for its criteria in writing and read them before you choose an examiner.
Does the school have to follow an independent educational evaluation?
No, but it does have to consider it. If you share an evaluation with the school, the school must consider the results in decisions about your child's education. That's true whether the school paid or you did, as long as the evaluation meets the school's criteria. The results can also be used as evidence in a due process hearing.
Considering and agreeing aren't the same thing. The IEP team has to take the results into account, but it doesn't have to adopt every finding or recommendation.
Say the school's evaluation found your daughter doesn't need speech services, but you've watched classmates struggle to understand her for two years. An independent examiner's findings give the team a second set of results to weigh alongside the school's. Our IEP meeting checklist for parents covers how to prepare for that conversation.
IEE at public expense | Evaluation you pay for privately | |
|---|---|---|
Who pays | The school pays the full cost or makes sure it costs you nothing | You do |
When it applies | You disagree with an evaluation the school did | Whenever you choose to get one |
Must the school pay if you ask? | No. It can file for a due process hearing instead | Not applicable |
Must the school consider it? | Yes, if it meets the school's criteria | Yes, if you share it and it meets the school's criteria |
Must the school follow it? | No | No |
Limits | One per school evaluation you disagree with. Must meet the school's criteria, such as location and examiner qualifications | Must meet the school's criteria to be considered |
Usable in a due process hearing? | Yes | Yes |
What this means for you
You don't need to have every answer before you act. These steps turn the rules into a plan.
- Write down what you think the evaluation missed. You don't owe the school a reason, but a clear list helps you and any examiner.
- Keep copies of everything. Save the school's report and every letter or email. Our guide on what IEP paperwork to keep and where to put it can help.
- Put your request in writing. The Center for Parent Information and Resources has a model letter on its Requesting an independent evaluation page. To learn the rules where you live, find your state's Parent Training and Information Center.
- Ask for the school's criteria. Request the list of where an IEE can be done and the standards the school uses, so the IEE you get counts.
- Share the results and ask to meet. Once the IEE is done, give the school a copy and ask for the IEP team to review it. If the plan changes, read the updated IEP line by line to see what it actually promises.
These rights come from IDEA, which governs IEPs. If you're not sure which plan fits your child, try Turnout's IEP vs. 504 check.
FAQ
Can I get my own evaluation and share it with the school?
You can. If you pay for an evaluation privately and share it, the school must consider the results in decisions about your child's education, as long as it meets the school's criteria. Ask for those criteria before you schedule.
What if the school won't pay for the IEE?
Under the federal rule, the school's options are to pay or to file for a due process hearing to show its evaluation was appropriate. If you're unsure where things stand, your state's Parent Training and Information Center can explain the next step. You can also read about when to bring in a special education advocate.
Can I get more than one IEE at the school's expense?
You can get one IEE at public expense each time the school does an evaluation you disagree with. If the school evaluates again later and you disagree, you can ask again.
How fast does the school have to respond?
Federal law says the school must act "without unnecessary delay." Details can vary by state, so check with your state's Parent Training and Information Center for the rules where you live.
Turnout is not a law firm or government entity, and its professionals do not provide legal, medical, or clinical representation.
It's your turn
A second opinion works best when you know what you're asking for. A Turnout education advocate can review the school's evaluation with you and help you decide whether to ask for an IEE. Book a free case review with a Turnout education advocate and talk it through with a real person.