The IEE Request After a “Not Eligible” Finding
Lila is a 9-year-old fourth grader referred by her mother for writing and math concerns. The district completed a full evaluation: WISC-V Full Scale IQ 98; WIAT-4 Writing 88, Math 91; phonological awareness and rapid naming within the average range; teacher rating scales in the average range; classroom observations show she completes work slowly but accurately. The IEP team met and found her not eligible for specific learning disability, concluding that her scores are within the average range and that she is making adequate progress with Tier 2 supports. Her mother disagrees. She sends a written request for an independent educational evaluation (IEE) at public expense, naming a private neuropsychologist who charges $2,800 and proposes to test for dyslexia, dysgraphia, and auditory processing disorder. The district’s own evaluation cost $1,100. The special education director asks you, the case manager, what the district must do and whether it can refuse or limit the IEE.
1. What are the district’s procedural options and timeline when a parent requests an IEE at public expense?
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Under 34 CFR §300.502, when a parent requests an IEE at public expense, the district must, without unnecessary delay, either (1) file a due process complaint requesting a hearing to show that its evaluation was appropriate, or (2) ensure that the IEE is provided at public expense. It cannot simply ignore the request or delay indefinitely. Check state law for a specific timeline, but federal law requires prompt action. If the district believes its evaluation is appropriate, it may file due process, but it must be prepared to defend the evaluation’s comprehensiveness, not just the scores. The district may also ask the parent why she disagrees and what additional information she seeks; that may resolve or narrow the dispute. The district should not retaliate or discourage the request. If it chooses to fund the IEE, it should provide the parent with its criteria and known sources in writing and arrange payment. The team should continue providing services in the meantime and should not predetermine the outcome of the IEE.
2. Can the district cap the cost or reject the parent’s chosen evaluator? What criteria may it apply?
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The district may establish and apply reasonable criteria for an IEE, including cost, location, and the evaluator’s qualifications. But criteria cannot be used to deny an IEE arbitrarily or to cap reimbursement at an unreasonably low amount. A $2,800 neuropsychological evaluation is not automatically unreasonable merely because the district paid $1,100; the question is whether the cost is reasonable for the requested evaluation and in the geographic area. The district can ask the parent to consider a qualified evaluator who meets its criteria, but it cannot reject her chosen evaluator solely because the evaluator is more expensive or because the district dislikes the proposed tests. If the evaluator meets the district’s criteria and the district does not file due process, the district must fund the IEE. The district can negotiate the scope-for example, ask the evaluator to address the specific questions-but cannot predetermine the findings. If the parent’s evaluator does not meet criteria, the district should identify alternatives or seek a due process decision.
3. If the IEE is provided, how must the IEP team use it? Is the team bound by its conclusions?
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The IEP team must consider the IEE in any decision about Lila’s eligibility and services. It is not automatically binding, but the team cannot ignore it. The team should reconvene, review the IEE’s methods and findings alongside the district’s evaluation, and document its reasoning. If the IEE supports SLD, the team must determine whether the criteria are met and whether exclusionary factors are addressed; if it disagrees, it should explain why in the meeting notes and prior written notice. An IEE may reveal that the district’s evaluation missed a processing deficit or used the wrong achievement measure. The team may need additional assessment. The parent is entitled to only one IEE at public expense for this evaluation, but she may still obtain an IEE at her own expense. The district should avoid a defensive posture; the purpose is accurate identification, not winning the dispute. The team’s decision must rest on multiple sources of evidence, not a single score.