If you disagreed with your school district’s evaluation and requested an Independent Educational Evaluation (IEE) at public expense, the district only has two lawful options: fund it, or file for due process to defend its own evaluation. If your district has simply said no — or gone silent — that is itself a problem worth acting on.
The rule the district is supposed to follow
Under federal regulation (34 C.F.R. § 300.502), once a parent requests a publicly funded IEE because they disagree with the district’s evaluation, the district must, “without unnecessary delay,” either pay for the independent evaluation or file a due process complaint to prove its own evaluation was appropriate. There is no third option where the district simply declines and does nothing.
Common ways districts get this wrong
- Ignoring the request entirely rather than responding either way.
- Demanding parents explain, in detail, exactly why they disagree before the district will respond (the regulation does not require this).
- Approving the IEE but imposing cost caps or evaluator restrictions so narrow that no qualified evaluator can be found.
- Simply delaying for months without either funding the evaluation or filing for due process.
What you’re entitled to if the IEE is approved
The district must consider the results of a qualifying IEE in any decisions made about your child’s education, and you can present the evaluation as evidence in any later due process hearing. You are generally entitled to one publicly funded IEE per district evaluation you’re disputing.
If your request has been ignored or refused
Put your original request in writing if you haven’t already, and note the date. If the district doesn’t respond within a reasonable time — and doesn’t file for due process either — that delay is itself something you can raise through a state complaint or a due process filing.
What if the district approves the IEE but sets an unreasonably low cost cap?
A district can set reasonable cost criteria consistent with what it pays its own evaluators, but a cap so low that no qualified evaluator in the area will accept it functions as a denial in practice, not a genuine approval. If you can’t find a qualified provider willing to work within the district’s stated rate, put that in writing and ask the district to either raise the cap or explain how a family is supposed to find someone at that price. San Diego families facing a stalled or denied IEE request are welcome to reach out before more time passes.
