Independent Educational Evaluation (IEE) in California
How do you get an independent educational evaluation (IEE) in California?
In California, parents have the right to obtain an independent educational evaluation (IEE) at public expense if they disagree with the school district's assessment (EC 56329(b); 34 CFR 300.502). An IEE is an evaluation conducted by a qualified examiner who is not employed by the LEA responsible for the child's education. When a parent requests an IEE at public expense, the district must either: (1) ensure that an IEE is provided at public expense, or (2) file a due process complaint to demonstrate that its own evaluation is appropriate (34 CFR 300.502(b)(2)). If the district files for due process and prevails, the parent still has the right to obtain an IEE but not at public expense. The district must provide parents with information about where an IEE may be obtained and the district's criteria for IEEs, which must be the same criteria the district uses for its own assessments, including location and qualifications of the examiner (34 CFR 300.502(e)). California law requires that the IEP team consider the results of any IEE obtained by the parent, whether or not it was at public expense (34 CFR 300.502(c)). Parents are entitled to only one IEE at public expense each time the district conducts an evaluation with which the parent disagrees (34 CFR 300.502(b)(5)). The IEE evaluator must meet the same qualifications as the district's evaluators for the specific area being assessed.
What California Requires
Parents have the right to an IEE at public expense when they disagree with the LEA's evaluation (EC 56329(b); 34 CFR 300.502(b)).
Upon parental request for IEE, the district must either provide the IEE at public expense without unnecessary delay or file a due process complaint to defend its evaluation (34 CFR 300.502(b)(2)).
The district must provide parents with information about where to obtain an IEE and the district's criteria applicable to IEEs, which must match criteria used for its own evaluations (34 CFR 300.502(e)).
The IEP team must consider the results of any IEE obtained by the parent, regardless of who paid for it (34 CFR 300.502(c)).
Parents are 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 IEE evaluator must meet the same qualifications required of the district's evaluators for the area being assessed (34 CFR 300.502(e)).
Key Timelines
The district must respond to a parental request for IEE 'without unnecessary delay'—either agreeing to fund the IEE or filing for due process (34 CFR 300.502(b)(2)).
There is no specific calendar-day deadline for the district's response in California, but unreasonable delay may constitute a procedural violation.
The IEP team must consider IEE results at the next IEP meeting or sooner if the results indicate a change in services may be needed (34 CFR 300.502(c)).