What 2026 Due Process Decisions Say About IEEs: A Roundup for Parents

Each month, we look at real, published due process decisions from the 13 states CDA serves and pull out what they mean for families. This first roundup focuses on the question we hear most: what happens when a parent asks for an independent educational evaluation (IEE), and the school district says no?

We read IEE-related decisions published so far in 2026 from California, Washington, Wyoming, Illinois and Utah. Some went to districts and some went to families. Both kinds have something to teach.

A quick refresher on IEE rights

Under the federal IDEA regulations (34 CFR 300.502), if you disagree with an evaluation the school district did, you can ask for an IEE at public expense. The district then has two choices, and it must act without unnecessary delay: pay for the IEE, or file for a due process hearing to show its own evaluation was appropriate.

If the district files and wins, you still have the right to an IEE, just not at public expense. You are entitled to one publicly funded IEE each time the district does an evaluation you disagree with. For a step-by-step walkthrough, see our guide, Disagree With Your Child’s School Evaluation? Here’s How an IEE Request Works.

When districts defended their evaluations and won

In each of these cases, the district filed for due process after a parent’s IEE request, and the judge found the district’s evaluation met legal requirements.

Glendora Unified (California, March 9, 2026). The psychoeducational assessment was upheld. The judge also found that filing 39 days after the parent’s request was not an unnecessary delay, given ongoing communication between the parties and the winter break.
Petaluma City Schools (California, May 13, 2026). The psychoeducational, speech-language and occupational therapy assessments were all upheld. The judge noted the parent offered no expert testimony to support the objections.
Walnut Creek Unified (California, June 11, 2026). A functional behavior assessment was upheld. The assessor observed the student for 10.5 hours over four school days, and the judge held that an FBA does not have to cover every area of suspected disability.
Tacoma School District (Washington, May 1, 2026). The district’s evaluation was upheld. Scoring and labeling errors on a rating scale were treated as a clarity problem, not proof that the results were unreliable.

The pattern is consistent. When a district files to defend its evaluation, the hearing looks at whether the evaluation followed the rules: qualified evaluators, a variety of sound tools given as the publisher intended, observations, and input from parents and teachers. Disagreeing with the conclusions is usually not enough on its own.

When families prevailed

Seattle School District (Washington, decision served February 19, 2026). The parents hired a private evaluator, and the judge relied on that uncontested evaluation to find the student needed a structured literacy approach. The district was found to have denied a free appropriate public education (FAPE) and was ordered to reimburse the family $26,355 for a private summer reading program.
Crook County School District #1 (Wyoming, January 23, 2026). After the parent asked for an IEE, the district filed to defend its evaluation instead. The hearing officer called that a “missed opportunity” and found the student had been denied FAPE since October 16, 2023. Remedies included compensatory education, monthly IEP meetings, and a qualified neutral expert agreeable to the parent to help the IEP team.
Uintah School District (Utah, February 2, 2026). A split decision. The family prevailed on one claim: for a limited period, the student’s daily service minutes dropped from 264 to 34 after a move to an online program. The district prevailed on the other claims.

An IEE gets a seat at the table, not the final word

An Illinois decision (Case No. 2026-DP-0083, February 19, 2026) is a useful reminder of what an IEE does and does not do. The district had paid for an IEE. The hearing officer found the IEP team properly considered it alongside school data, and the district prevailed on its decision to end specialized instruction.

The law requires schools to consider an IEE that meets district criteria (34 CFR 300.502(c)). It does not require the team to adopt every finding. That is why the quality, thoroughness and clarity of the evaluation matter so much.

What this means for your family

Put your IEE request in writing and keep the dates. Timing matters for both sides, and the district must act without unnecessary delay.
Be specific about what the evaluation missed. Hearings focus on concrete gaps, such as an area of need that was not assessed, tools that were not used correctly, or too little observation.
A thorough outside evaluation can carry real weight. In the Seattle case, an uncontested private evaluation shaped the outcome.
If the district files and wins, your options remain. You can still get an IEE at your own expense and ask the IEP team to consider it.
Look up your own district. The free CDA Due Process Map tracks published decisions across our 13 states, with district wins and parent wins shown side by side. It is updated daily, with a plain-language recap every Sunday.

This post is general information, not legal advice. Special education rules and procedures vary by state, and every case turns on its own facts. Decision summaries are our plain-language reading of the published decisions linked below.

Ready to talk through your options?

CDA is dedicated to independent educational evaluations. If your district approves a district-funded IEE, you can choose CDA, and we contract directly with the district. Start with our free IEE Navigator to map out your next step, or book a free 15-minute consultation with our team. Already approved? Request an IEE.