What Can Parents Do If They Disagree With a School District’s Assessment?
A California parent’s guide to Independent Educational Evaluations, or IEEs
School districts have an obligation to assess students for special education when they suspect, or should suspect, that a child may have a disability and need special education services. Once a student is eligible for special education, the district must reassess the student at least every three years, unless the parent and district agree that a reassessment is unnecessary. These are often called triennial evaluations.
But what happens if the district completes an assessment and the parent disagrees with the results?
In California, a parent may request an Independent Educational Evaluation, often called an IEE, at public expense if the parent disagrees with an assessment obtained by the school district. In plain English, this means the parent may ask the district to pay for an outside qualified professional to evaluate the child.
After a parent requests an IEE at public expense, the district generally has two options. It must either agree to fund the IEE or file for a due process hearing to show that its own assessment was appropriate. The district must do one of those things without unnecessary delay.
In many cases, districts agree to fund an IEE rather than initiate due process, but parents should not assume that will always happen. Depending on the circumstances, it may be helpful to consult with a special education attorney before or shortly after making the request.
If the district agrees to fund an IEE, it will usually provide information about its IEE criteria, which may include evaluator qualifications, geographic limits, and cost guidelines. Districts often provide a list of evaluators, but parents may ask to use a qualified evaluator who is not on the district’s list. The evaluator generally must meet appropriate professional qualifications, and disputes can arise over cost limits, evaluator credentials, or the scope of the assessment.
An IEE can be an important tool when a parent believes the district’s assessment missed something, used inappropriate methods, reached the wrong conclusions, or failed to evaluate the child in all areas of suspected disability.
If you are deciding whether to request an IEE, respond to a school district assessment, or prepare for an IEP meeting, Cullen Law offers paid consults and file reviews for California families. You can contact Cullen Law at contact@michaelcullenlaw.com.
This post is for informational purposes only and is not legal advice. Legal advice depends on the specific facts of each situation.
