Disagree With Your Child’s School Evaluation? Here’s How an IEE Request Works

You sit down at the IEP table, read through the school’s evaluation, and something doesn’t add up. The scores don’t match the child you see at home. An area you’re worried about wasn’t tested. Or the conclusions just don’t explain why your child is struggling.

Federal special education law gives parents a specific option for this moment: the right to ask for an Independent Educational Evaluation (IEE) at public expense. Here’s how that process works, step by step — and two new free tools we built to help families understand where they stand.

What an IEE is

Under the Individuals with Disabilities Education Act (IDEA), an IEE is an evaluation done by a qualified examiner who is not employed by the school district responsible for your child’s education. “At public expense” means the district either pays the full cost or otherwise makes sure the evaluation costs you nothing.

The rule comes from 34 CFR § 300.502: a parent has the right to an IEE at public expense if the parent disagrees with an evaluation the district obtained.

Step 1: Get clear on what you disagree with

Before you write anything, read the school’s evaluation report closely. Note the areas that concern you — results that don’t fit what you and your child’s teachers see, conclusions that don’t seem supported, or questions the report never answers. You don’t need to be an expert; you just need to know that you disagree.

Step 2: Put your request in writing

Send a short written request to the district (usually the special education director or your child’s case manager) saying that you disagree with the evaluation and are requesting an IEE at public expense. Keep a copy and note the date you sent it.

The district is allowed to ask why you object to its evaluation. But you are not required to explain, and the district can’t use that question to unreasonably delay its response.

Step 3: The district has two choices

Once you ask, the district must — without unnecessary delay — do one of two things:

Agree to fund the IEE, or
File for a due process hearing to show that its own evaluation was appropriate.

Simply saying “no” and doing nothing isn’t one of the options. If the district files for due process and a hearing officer decides the district’s evaluation was appropriate, you can still get an IEE — just not at public expense.

Step 4: Choosing an evaluator

When you request an IEE, the district must tell you where an IEE can be obtained and share the criteria it applies to independent evaluators. Those criteria — such as where the evaluation takes place and the evaluator’s qualifications — must be the same criteria the district uses for its own evaluations. Beyond those criteria, the district can’t add other conditions or timelines to obtaining the IEE. (We’ve written more about this in Barriers to Parents’ Right to an Outside Evaluation.)

Step 5: What happens to the results

If the IEE meets the district’s criteria, the IEP team must consider the results in any decision about your child’s free appropriate public education (FAPE). The results can also be used as evidence if there is ever a due process hearing.

One more rule worth knowing: you’re entitled to one IEE at public expense each time the district conducts an evaluation you disagree with.

Two free tools to help you see where you stand

Every family’s situation is a little different, and state rules and timelines vary. So we built two free tools — no sign-up, no cost:

IEE Navigator — answer a few quick questions about your situation to see your options, your state’s deadlines, and a ready-to-send request letter.
Due Process Map — see how special education hearings turn out, district by district, across the 13 states we serve. It’s updated daily, flags new decisions as they post, and we share a plain-language recap every Sunday.

Where CDA fits in

Cognitive Diagnostic Associates is dedicated to independent educational evaluations. Once a district approves an IEE, families can choose CDA, and we work directly with the district on the contracting so families can focus on their child. Our evaluators are not employed by your school district, and our reports are thorough, data-driven, and written to be useful to the whole IEP team.

Not sure what to do next? Book a free 15-minute consultation with our team, or start with the IEE Navigator. We serve families across 13 states.

This article is general information about federal law (IDEA, 34 CFR § 300.502), not legal advice. State rules and timelines vary; for advice about your child’s specific situation, consult a qualified attorney.