California guide · Ages 3 to 21

Independent Educational Evaluations (IEEs) in California

If you disagree with your district's assessment, you can ask for an independent educational evaluation at public expense. Here's how the request works and what the district must do.

What an IEE is

An independent educational evaluation is an assessment by a qualified person who doesn't work for your school district. If you disagree with an assessment the district did, you can ask for one at public expense, meaning the district pays.

You're entitled to one publicly funded IEE each time the district does an assessment you disagree with.

How to ask

  1. 1

    Write to the district

    Say that you disagree with the district's assessment and are requesting an independent educational evaluation at public expense. You don't have to explain why you disagree.

  2. 2

    The district responds without unnecessary delay

    It must either agree to pay and give you information about where to get an IEE, or file for a due process hearing to show its own assessment was appropriate.

  3. 3

    Choose an evaluator who meets the district's criteria

    Districts can set the same criteria they use for their own assessors, such as location and qualifications. Ask for those criteria in writing.

  4. 4

    The IEP team considers the results

    The team must consider the IEE in decisions about your child's program. It doesn't have to adopt every recommendation.

If the district wins a hearing

You can still get an independent evaluation, but not at public expense. A private evaluation you pay for yourself must also be considered by the IEP team if it meets the district's criteria.

Classroom observation

If the district observed your child in class, or would have been allowed to, the independent evaluator must be allowed to observe too. If the district proposes a new placement, the evaluator may observe that setting first.

Sources

  1. 34 CFR 300.502: Independent educational evaluation
  2. California Education Code 56329: Independent educational assessment
  3. California Office of Administrative Hearings: Notice of Procedural Safeguards
  4. California Department of Education: Parent and child rights in special education
General information, not legal or medical advice

Laws and program details change. Check with the agency named on this page, and talk to a qualified professional about your child. Spotted something out of date? Email hello@childevaluation.com.

Related California guides