Independent Educational Evaluation (IEE) in Arizona
How do you get an independent educational evaluation (IEE) in Arizona?
Arizona parents have the right to an Independent Educational Evaluation (IEE) at public expense if they disagree with the district's evaluation, per federal baseline as applied in Arizona (34 CFR 300.502; per federal baseline applied in AZ). Upon receiving an IEE request, the district must either: (a) fund the IEE without undue delay; or (b) initiate a due process hearing to demonstrate that its evaluation was appropriate (34 CFR 300.502(b)(2)). If the hearing officer finds the district's evaluation appropriate, the parent may still obtain an IEE privately but not at public expense. The IEE must meet the same criteria the district uses for its own evaluations, except that the parent has the right to select the evaluator (34 CFR 300.502(e)). The district must provide parents with information about where an IEE may be obtained and the applicable criteria (34 CFR 300.502(a)(2)). Results of any IEE — whether funded publicly or privately — must be considered by the IEP team in any decision regarding the provision of FAPE (34 CFR 300.502(c)(1)). Under Arizona's due process framework (A.R.S. § 15-766), disputes over IEE rights are processed through the OAH. A parent is entitled to only one IEE at public expense per district evaluation, unless the district again conducts a new evaluation that the parent disagrees with (34 CFR 300.502(b)(5)).
What Arizona Requires
Parents have the right to request an IEE at public expense when they disagree with the district's evaluation; the district must fund the IEE or file for due process to defend its evaluation without undue delay (34 CFR 300.502(b); per federal baseline applied in AZ).
The district must provide parents with information about where an IEE may be obtained and what criteria apply (34 CFR 300.502(a)(2); per federal baseline applied in AZ).
The IEE must meet the same qualifications and criteria used by the district, except the parent selects the evaluator (34 CFR 300.502(e)).
Results of an IEE — whether funded publicly or privately — must be considered by the IEP team in making any educational decision regarding FAPE (34 CFR 300.502(c)(1)).
A parent is entitled to only one IEE at public expense per district evaluation; if the district conducts a new evaluation and the parent again disagrees, a new IEE right arises (34 CFR 300.502(b)(5)).
Key Timelines
The district must respond to an IEE request without undue delay — either by initiating the IEE or filing for due process to defend its evaluation (34 CFR 300.502(b)(2); per federal baseline applied in AZ).
If the district files for due process to defend its evaluation and the hearing officer finds the district's evaluation appropriate, the parent may still obtain a private IEE at their own expense (34 CFR 300.502(b)(3)).