Independent Educational Evaluation (IEE) in Georgia
How do you get an independent educational evaluation (IEE) in Georgia?
Georgia parents have the right to obtain an Independent Educational Evaluation (IEE) at public expense if they disagree with an evaluation conducted or obtained by the LEA (Ga. Comp. R. & Regs. 160-4-7-.09; 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 LEA must, without unnecessary delay, either: (1) file a due process complaint to request a hearing to demonstrate that its evaluation is appropriate, or (2) ensure that an independent educational evaluation is provided at public expense. The LEA may ask the parent why they object to the LEA's evaluation, but may not require an explanation and may not unreasonably delay providing the IEE or filing for due process. A parent is entitled to only one independent educational evaluation at public expense each time the LEA conducts an evaluation with which the parent disagrees. If the LEA requests a due process hearing and the Administrative Law Judge (ALJ) through the Office of State Administrative Hearings (OSAH) determines that the LEA's evaluation is appropriate, the parent still has the right to an IEE but not at public expense. 'At public expense' means that the LEA either pays for the full cost of the evaluation or ensures it is provided at no cost to the parent. The LEA may establish criteria for IEEs, including the location of the evaluation and the qualifications of the examiner, which must be the same criteria the LEA uses when it initiates an evaluation, to the extent those criteria are consistent with the parent's right to an IEE. The results of any IEE, whether obtained at public or private expense, must be considered by the IEP Team in any decision made with respect to the provision of FAPE to the child, and may be presented as evidence at a due process hearing (34 CFR §300.502(c)).
What Georgia Requires
Parents have the right to an IEE at public expense if they disagree with the LEA's evaluation (Ga. Comp. R. & Regs. 160-4-7-.09; 34 CFR §300.502).
Upon request, the LEA must without unnecessary delay either provide the IEE at public expense or file for due process to defend its evaluation.
The LEA may ask why the parent disagrees but may not require an explanation and may not unreasonably delay action (34 CFR §300.502(b)(4)).
One IEE at public expense is available each time the LEA conducts an evaluation with which the parent disagrees (34 CFR §300.502(b)(5)).
If the ALJ determines the LEA's evaluation is appropriate, the parent may still obtain an IEE but not at public expense.
The LEA may set criteria for IEEs (location, examiner qualifications) consistent with LEA's own evaluation criteria and the parent's right to an IEE (34 CFR §300.502(e)).
Results of any IEE must be considered by the IEP Team in decisions about FAPE and may be presented as evidence at due process hearings (34 CFR §300.502(c)).
Key Timelines
The LEA must act without unnecessary delay upon receiving a parent's request for an IEE at public expense (34 CFR §300.502(b)(2)).
If the LEA files for due process to defend its evaluation, the hearing follows the standard due process timeline (30-day resolution period + 45-day hearing decision) (Ga. Comp. R. & Regs. 160-4-7-.12).
There is no specific statutory time limit for when a parent must request an IEE after an evaluation, but it should be within a reasonable time.