Independent Educational Evaluation (IEE) in Colorado
How do you get an independent educational evaluation (IEE) in Colorado?
Colorado parents have the right to an independent educational evaluation (IEE) at public expense when they disagree with the evaluation conducted by the administrative unit, consistent with 34 CFR 300.502 and the ECEA procedural safeguards under 1 CCR 301-8 (ECEA Rules), §6.02. The AU must provide parents with information about where to obtain an IEE and the AU's criteria for IEEs upon request. If a parent requests an IEE at public expense, the AU must either: (1) initiate a due process hearing to show its evaluation was appropriate, or (2) arrange for the IEE at public expense without unnecessary delay. If the ALJ determines the AU's evaluation was appropriate, the parent still has the right to obtain an IEE at private expense, and the IEP team must consider those results. IEE criteria — including evaluator qualifications and location — must be the same as those the AU uses for its own evaluations; the AU may not impose criteria that restrict the parent's right to an IEE.
What Colorado Requires
Parents have the right to an IEE at public expense when they disagree with the AU's evaluation; the AU must inform parents of this right in the procedural safeguards notice (34 CFR 300.502(a); 1 CCR 301-8, §6.02).
When a parent requests an IEE at public expense, the AU must either file for due process to defend its evaluation as appropriate or provide the IEE at public expense without unnecessary delay (34 CFR 300.502(b)(2)).
IEE criteria (including qualifications of evaluators and location) must be the same as those the AU uses for its own evaluations; the AU may not impose additional restrictions (34 CFR 300.502(e)).
Results of an IEE conducted at public or private expense must be considered by the IEP team in any decision regarding identification, eligibility, and educational programming (34 CFR 300.502(c)).
A parent is entitled to only one IEE at public expense each time the AU conducts an evaluation with which the parent disagrees (34 CFR 300.502(b)(5)).
Key Timelines
When a parent requests an IEE at public expense, the AU must initiate a due process hearing or provide the IEE without unnecessary delay (34 CFR 300.502(b)(2)).
If the AU initiates a due process hearing to challenge the IEE request and the ALJ determines the AU's evaluation was appropriate, the parent retains the right to an IEE but not at public expense (34 CFR 300.502(b)(3)).