Independent Educational Evaluation (IEE) in Delaware
How do you get an independent educational evaluation (IEE) in Delaware?
Delaware parents have the right to obtain an Independent Educational Evaluation (IEE) at public expense when they disagree with the school district's evaluation (14 Del. Admin. Code 925 § 8.4; 34 CFR 300.502). The district must either fund the IEE or file for due process to defend its own evaluation — it cannot simply refuse the parent's request. The IEE must be conducted by a qualified examiner who is not employed by the school district. Delaware's DDOE publishes criteria (agency criteria) for IEEs at public expense, including geographic requirements and maximum cost parameters (14 Del. Admin. Code 925 § 8.4(b)). The school may ask the parent why an IEE is requested, but cannot require the parent to provide justification or delay the IEE while awaiting an explanation. Parents are entitled to only one IEE at public expense per district evaluation (14 Del. Admin. Code 925 § 8.4; 34 CFR 300.502(b)(5)). The IEP team must consider the results of any IEE obtained by the parent (whether at public or private expense) in any decision regarding the student (34 CFR 300.502(c)).
What Delaware Requires
Parents have the right to request an IEE at public expense whenever they disagree with any district-conducted evaluation (14 Del. Admin. Code 925 § 8.4; 34 CFR 300.502(b)).
Upon receipt of the IEE request, the district must either (1) fund the IEE promptly or (2) initiate a due process hearing to defend its evaluation — no other options are available (14 Del. Admin. Code 925 § 8.4; 34 CFR 300.502(b)(2)).
The IEE evaluator must meet DDOE agency criteria (qualifications, costs, geography) for the evaluation to be at public expense (14 Del. Admin. Code 925 § 8.4(b)).
The school may ask why the parent disagrees with its evaluation, but cannot require justification or delay the IEE while waiting for a response (34 CFR 300.502(b)(4)).
The IEP team must consider the results of any IEE — whether at public or private expense — in any meeting concerning the child (14 Del. Admin. Code 925 § 8.4(c); 34 CFR 300.502(c)).
Parents are entitled to one IEE at public expense per district evaluation, but may obtain additional private IEEs at their own cost at any time (34 CFR 300.502(b)(5)).
Key Timelines
The district must respond to an IEE request without unnecessary delay — either funding the IEE or filing for due process promptly (14 Del. Admin. Code 925 § 8.4; 34 CFR 300.502(b)(2)).
Parents may request an IEE at any time after a district evaluation is conducted; there is no time limit for requesting an IEE as long as the district's evaluation is the basis of the disagreement (34 CFR 300.502(b)(1)).