How to Legally Request an Independent Educational Evaluation (IEE)

If you disagree with your child's special education evaluation, you can request an Independent Educational Evaluation (IEE). Under the Individuals with Disabilities Education Act (IDEA), you generally have the right to ask the school district to pay for an independent evaluation, although the district may respond in specific ways permitted by law.

At Swanson Law, PLLC, we help families throughout Katy and across Texas understand this process. Our attorney helps families throughout Katy and across Texas address disputes involving evaluations, Individualized Education Programs (IEPs), ARD meetings, Section 504 plans, and other special education matters. We help parents understand the IEE process, protect their procedural rights, and respond when a school district refuses a request. 

When Can You Request an Independent Educational Evaluation?

An Independent Educational Evaluation is an assessment conducted by a qualified examiner who is not employed by your child's school district. Parents can request an IEE when they disagree with the district's full individual evaluation (FIE) because it may be incomplete, inaccurate, or fail to identify all of a child's educational needs. 

Under IDEA, you have the right to request an IEE at public expense if you disagree with a school district's evaluation. Simply disagreeing with the evaluation is generally enough to trigger your right to make the request. You do not have to prove that the district acted improperly before requesting an independent evaluation. 

An IEE may be inappropriate if your child's evaluation did not assess every suspected area of disability, relied on outdated information, overlooked concerns raised by teachers or medical providers, or reached conclusions that do not match your child's day-to-day educational challenges. 

How Do You Request an IEE?

Although IDEA does not require parents to use specific language, submitting the request in writing creates a clear record of when it was made and what you are requesting. 

A written request should identify your child, state that you disagree with the school district's evaluation, and request an Independent Educational Evaluation at public expense. You are not generally required to explain in minute detail why you disagree, although some parents choose to briefly describe their concerns. 

Once the request is made, the school district cannot simply ignore it or deny it without following the procedures required by law. 

What Must the School District Do After Receiving Your Request?

After receiving your request, the school district generally has two options. 

The district may agree to fund the Independent Educational Evaluation, or it may initiate a due process hearing to show that its own evaluation was appropriate. If the district proves its evaluation met IDEA requirements, it may deny funding for the independent evaluation. Even then, parents generally remain free to obtain an independent evaluation at their own expense. 

School districts sometimes ask parents to discuss their concerns before making a decision. While those conversations may help resolve misunderstandings, they do not eliminate the district's legal obligations under IDEA. 

Can the School District Choose the Evaluator?

School districts may establish reasonable criteria regarding evaluator qualifications, geographic location, and costs, provided those criteria are consistent with a parent's right to obtain an independent evaluation. The district cannot impose restrictions that effectively prevent parents from obtaining an appropriate evaluation. 

Questions about evaluator qualifications or district criteria often arise after an IEE request is approved. Reviewing those requirements before scheduling an evaluation can help avoid unnecessary delays. 

Why Does an Independent Educational Evaluation Matter?

An Independent Educational Evaluation can provide information that affects nearly every aspect of a child's special education program. The evaluator may identify disabilities that were previously overlooked, recommend additional services, suggest changes to educational goals, or determine that existing supports are not sufficient. 

Although a school district is not required to adopt every recommendation contained in an IEE, IDEA requires the district to consider the results when making decisions about your child's educational program. A well-supported independent evaluation often becomes an important part of ARD committee discussions and future educational planning. 

What If the School District Denies the Request?

If the school district denies funding for an IEE, it generally must have requested a due process hearing to defend its evaluation. Parents may still obtain an independent evaluation at their own expense if funding is denied. 

When disagreements persist, it becomes important to determine whether the district is complying with the procedural requirements established by IDEA and Texas special education regulations. Reviewing correspondence, evaluation reports, meeting notes, and district responses can help determine whether additional legal action may be appropriate. 

Because procedural timelines and legal requirements can affect your options, obtaining legal guidance early in the dispute may help you make informed decisions before the disagreement escalates. 

How We Help Families Request Independent Educational Evaluations

Every family's situation is different. Some parents contact us before submitting an IEE request to understand their rights. Others come to us after a school district denies the request or refuses to address concerns raised during the evaluation process. 

Depending on your circumstances, we may review your child's evaluations, explain your procedural rights under IDEA, evaluate whether the district's assessment addressed every suspected area of disability, prepare or review written requests, communicate with the school district, advise you before ARD meetings, and represent your family during administrative proceedings when necessary. Throughout the process, our goal is to help you make informed decisions based on your child's educational needs and the requirements of federal and Texas law. 

Special Education Law Attorney in Katy, Texas

Attorney Jennifer Lynn Swanson founded Swanson Law, PLLC, after spending nearly a decade teaching special education in Texas classrooms. Before earning her law degree, she worked directly with children with a wide range of abilities, participated in the ARD and IEP process, and gained firsthand knowledge of how school districts evaluate students and develop special education services. 

At Swanson Law, PLLC, we serve children and families throughout Texas in special education matters, including disputes involving Independent Educational Evaluations, IEPs, ARD meetings, Early Childhood Intervention (ECI), Section 504 plans, and related issues. Jennifer's background as both a special education teacher and an attorney enables us to provide practical guidance and advocate for children and families throughout the special education process. 

If you have questions about requesting an Independent Educational Evaluation or disagree with your child's school evaluation, contact us to discuss your concerns and learn about the options available under Texas and federal law.