Independent Educational Evaluation (IEE) in Arkansas
How do you get an independent educational evaluation (IEE) in Arkansas?
Arkansas parents have the right to an Independent Educational Evaluation (IEE) at public expense if they disagree with a district's evaluation, consistent with Ark. Admin. Code 005.18.10-001, §9.03, and 34 CFR 300.502. When a parent requests an IEE at public expense, the district must either: (1) provide the IEE at no cost to the parent without unnecessary delay, or (2) file a due process complaint to defend its evaluation. The district may not require the parent to explain why they disagree with the evaluation, and may not impose unreasonable conditions or timelines on the IEE. However, the district may specify the same criteria it uses for its own evaluations (e.g., evaluator qualifications, location) when an IEE is provided at public expense. A parent is entitled to one IEE at public expense each time the district conducts an evaluation with which the parent disagrees. If the parent obtains an IEE at public expense or shares an independently obtained evaluation, the district must consider the results in any decision regarding FAPE. Parents may also obtain an IEE at private expense at any time without district approval.
What Arkansas Requires
Parents have the right to an IEE at public expense if they disagree with the district's evaluation; the district must provide it or file a due process complaint without unnecessary delay (Ark. Admin. Code 005.18.10-001, §9.03.2.2; 34 CFR 300.502(b)).
The district may not require the parent to explain or justify the disagreement with the evaluation as a condition of providing an IEE at public expense (34 CFR 300.502(b)(3)).
The district may establish criteria for IEEs at public expense (e.g., evaluator qualifications, geographic area) that are the same criteria it applies to its own evaluations (34 CFR 300.502(e)).
A parent is entitled to one IEE at public expense each time the district conducts an evaluation with which the parent disagrees (34 CFR 300.502(b)(5)).
The district must consider the results of an IEE obtained at public or private expense when making decisions regarding FAPE, if it meets agency criteria (34 CFR 300.502(c)).
Parents may obtain an IEE at private expense at any time without district approval; the district must still consider the results (34 CFR 300.502(d)).
Arkansas does not define a specific number of days for "without unnecessary delay" in responding to IEE requests — parents should request the district's IEE criteria in writing, as districts are required to have evaluator qualifications, geographic, and cost guidelines on file (Ark. Admin. Code § 9.03).
Key Timelines
District must provide the IEE at public expense or file a due process complaint 'without unnecessary delay' — no specific number of days is prescribed in Arkansas rules (34 CFR 300.502(b)).
If the district files a due process complaint to defend its evaluation, the parent's right to an IEE at public expense is preserved until the hearing officer determines the district's evaluation was appropriate (34 CFR 300.502(b)(2)).