Independent Educational Evaluation (IEE) in Alabama
How do you get an independent educational evaluation (IEE) in Alabama?
Alabama parents have the right to an Independent Educational Evaluation (IEE) at public expense if they disagree with the school's evaluation, as established under Ala. Admin. Code r. 290-8-9-.08 and 34 CFR 300.502. When a parent requests an IEE at public expense, the public agency must without unnecessary delay either provide the IEE at no cost to the parent, or file for a due process hearing to demonstrate that its evaluation was appropriate. If the school files for due process and proves its evaluation was appropriate, the parent still has the right to an IEE, but it is no longer at public expense. IEE criteria (evaluator qualifications, location, etc.) must be provided to parents upon request, and the criteria must be the same as those the agency uses for its own evaluations — the agency may not impose restrictions that preclude the parent from accessing a particular evaluator. The IEP team must consider IEE results when making eligibility and educational decisions. Parents are also entitled to one IEE at public expense each time the agency conducts an evaluation with which the parent disagrees.
What Alabama Requires
Parents have the right to request an IEE at public expense when they disagree with the school's evaluation; the agency must either provide the IEE or file for due process to defend its evaluation (Ala. Admin. Code r. 290-8-9-.08; 34 CFR 300.502(b)).
The agency must provide IEE criteria (evaluator qualifications, location, etc.) to the parent upon request; criteria must match those the agency uses for its own evaluations (34 CFR 300.502(e)).
The IEP team must consider IEE results when making eligibility determinations and educational decisions (34 CFR 300.502(c)).
If the agency files for due process and the hearing officer determines the agency's evaluation was appropriate, the parent may still obtain an IEE but at their own expense (34 CFR 300.502(b)(3)).
Parents are entitled to one IEE at public expense each time the agency conducts a new evaluation with which the parent disagrees (34 CFR 300.502(b)).
Key Timelines
The agency must respond to an IEE request without unnecessary delay — either providing the IEE or initiating due process (Ala. Admin. Code r. 290-8-9-.08; 34 CFR 300.502(b)).