Independent Educational Evaluation (IEE) in Florida
How do you get an independent educational evaluation (IEE) in Florida?
Parents in Florida have the right to obtain an Independent Educational Evaluation (IEE) of their child under FAC 6A-6.03028(3)(b), implementing 34 CFR §300.502. An IEE is an evaluation conducted by a qualified examiner who is not employed by the school district responsible for the child's education (34 CFR §300.502(a)(3)(i)). A parent has the right to an IEE at public expense if the parent disagrees with an evaluation obtained by the school district (FAC 6A-6.03028(3)(b); 34 CFR §300.502(b)). 'Public expense' means the district either pays the full cost of the evaluation or ensures it is otherwise provided at no cost to the parent (34 CFR §300.502(a)(3)(ii)). When a parent requests an IEE at public expense, the school district must, without unnecessary delay, either: (1) file a due process complaint to show that its evaluation is appropriate, or (2) provide the IEE at public expense (34 CFR §300.502(b)(2)). The district may not unreasonably delay its response. Upon request, the school district must provide the parent with information about where an IEE may be obtained and the district's criteria for IEEs (34 CFR §300.502(b)(4)). District IEE criteria must be the same as the criteria the district uses for its own evaluations, including the location of the evaluation and the qualifications of the examiner, to the extent consistent with the parent's right to an IEE (34 CFR §300.502(e)). A parent is 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)). If a parent obtains an IEE at public expense or shares a privately obtained IEE with the district, the results must be considered by the district in any decision made with respect to the provision of FAPE and may be presented as evidence at a due process hearing (34 CFR §300.502(c)). Florida follows the federal framework closely on IEE rights, with the specific procedural details incorporated into FAC 6A-6.03028(3)(b). Parents of gifted-only students have IEE rights under FAC 6A-6.03313, though the scope may differ since IDEA does not apply to gifted eligibility. Florida's Family Network on Disabilities (FND) and Disability Rights Florida (DRF) provide guidance and advocacy support to parents seeking IEEs. Because Florida is a one-party consent state (F.S. §934.03), parents may record conversations with evaluators and district personnel regarding IEE requests and decisions.
What Florida Requires
Parent has the right to an IEE at public expense if the parent disagrees with the district's evaluation (FAC 6A-6.03028(3)(b); 34 CFR §300.502(b))
District must without unnecessary delay either file for due process to defend its evaluation or provide the IEE at public expense (34 CFR §300.502(b)(2))
District must provide information on where to obtain an IEE and its IEE criteria upon parent request (34 CFR §300.502(b)(4))
IEE criteria must match the criteria the district uses for its own evaluations (34 CFR §300.502(e))
Parent is entitled to one IEE at public expense per district evaluation with which the parent disagrees (34 CFR §300.502(b)(5))
IEE results must be considered by the district in FAPE decisions and may be presented at due process (34 CFR §300.502(c))
Parent may obtain a private IEE at own expense at any time (34 CFR §300.502(a))
Florida's Family Network on Disabilities (FND) and Disability Rights Florida (DRF) provide guidance to parents on requesting and enforcing IEE rights at public expense (fndusa.org; disabilityrightsflorida.org)
When evaluating IEE requests, Florida districts may not impose criteria that are more restrictive than those used for their own evaluations (34 CFR §300.502(e))
Key Timelines
District must respond to IEE request 'without unnecessary delay' — either file for due process or fund the IEE (34 CFR §300.502(b)(2))
No specific Florida-defined calendar day deadline for district response to IEE request; federal 'without unnecessary delay' standard applies