The Individuals with Disabilities Education Act (IDEA) gives parents of children with disabilities several rights and protections. One of these is the right to request an Independent Educational Evaluation (IEE) at the school system’s expense if they disagree with an evaluation that was conducted by their public school system. The IEE is intended to provide a “second opinion”, and would be limited to the same areas of focus that were included in the school evaluation. For example, if the school evaluation included psychological, educational and speech/language assessments, the IEE would only include psychological, educational and/or speech/language evaluations. The parent would not be able to add an occupational therapy evaluation and have the school system cover that cost as part of the IEE.
Most of the time, there is no need for an IEE. A properly planned and conducted school evaluation will typically give the IEP team the information that is needed to make decisions regarding a child’s eligibility for special education services, and to develop an appropriate individualized educational program (IEP) to meet that child’s specific needs. However, there are other times when a parent may want to consider the option of requesting an IEE.
If a child is found to be not eligible for special education services based on a school system evaluation, an IEE may provide additional information for the team to consider and perhaps change the eligibility decision. Sometimes the test scores will be higher or lower, or they may show a larger gap between the child’s general ability and his functioning in an area where there are concerns. The independent evaluator may use different tests or assessment methods that provide additional insight into the nature of the child’s difficulties and the pattern of strengths and weaknesses. This new information may tip the balance, and convince the team that the child does meet the eligibility requirements for special education services.
In some cases the school’s evaluation has resulted in scores that meet the eligibility criteria, but the team feels that there is not enough evidence that the student requires “specially designed instruction.” Team members may cite an acceptable level of performance, or a belief that factors other than a disability (e.g. excessive absences or a lack of appropriate instruction), may be responsible for the child’s weaknesses. In this situation, a second round of testing is not likely to change the eligibility decision.
For a child who gets, or already has, an IEP, there may be other decisions that are influenced by initial or re-evaluation results. The need for related services, certain accommodations or supports may be based, in part, on information gathered during a school evaluation. Inaccurate evaluation results may result in low expectations, disability issues that go unrecognized (and unaddressed) or even placements in more restrictive settings. The IEE could provide data that could prove to be a “game changer.”
The school system may provide a list of local clinicians who are qualified to conduct the requested evaluations, in an effort to assist parents in obtaining the IEE. However, parents are not limited to the persons on the list. They can select any professionals who are qualified to conduct the evaluation(s). The school system cannot establish an arbitrary dollar limit on the cost of the evaluation. The school system also cannot require the independent evaluators to only use certain assessment tools. Typically, billing arrangements are set up before the actual evaluation is scheduled, and the school system will receive a copy of the evaluation report. Note: When parents pay the cost of a private evaluation themselves, they can control whether or not that information is shared with the school.
If you feel that the school’s evaluation does not paint an accurate picture of your child and his or her needs, then an IEE may offer one of the best chances of obtaining the information needed to possibly change the outcome when the IEP team reconsiders important decisions.