Independent Educational Evaluation (IEE) in Hawaii
How do you get an independent educational evaluation (IEE) in Hawaii?
Hawaii parents have the right to an Independent Educational Evaluation (IEE) at public expense consistent with federal law (34 CFR 300.502) as implemented through HAR § 8-56-22 through § 8-56-23. If a parent disagrees with HIDOE's evaluation, they may request an IEE at HIDOE's expense. HIDOE must either agree to fund the IEE or, within a reasonable time, file for due process to demonstrate that its evaluation was appropriate. Because HIDOE is both the SEA and sole LEA, IEE reimbursement disputes are resolved through the same HIDOE dispute resolution system, which also means there is one statewide set of IEE eligibility criteria and reasonable cost criteria. HIDOE maintains criteria for IEE qualifications (the evaluator must not be employed by HIDOE) and may set reasonable cost criteria for IEEs at public expense. IEEs obtained at private expense must still be considered in any decisions about the student's special education.
What Hawaii Requires
Parents are entitled to an IEE at public expense when they disagree with HIDOE's evaluation; HIDOE must either fund the IEE or file for due process to defend its evaluation (HAR § 8-56-22; 34 CFR 300.502(b)).
HIDOE may ask but cannot require the parent to explain their objections to the evaluation (34 CFR 300.502(b)(4)).
HIDOE may set criteria for IEEs at public expense, including qualifications of the independent evaluator and reasonable cost; the evaluator cannot be a HIDOE employee (HAR § 8-56-22; 34 CFR 300.502(e)).
IEEs obtained at private expense must still be considered in any decisions about the student's special education; if relevant, must be considered at IEP meetings (HAR § 8-56-22; 34 CFR 300.502(c)).
Parents have the right to request an evaluation even when HIDOE determines no additional data are needed (HAR § 8-56-20; 34 CFR 300.305(d)(2)).
Key Timelines
HIDOE must either agree to the IEE or file for due process within a reasonable time of the parent's IEE request (HAR § 8-56-22; 34 CFR 300.502(b)(2)).
If HIDOE agrees to the IEE, it must be provided without unnecessary delay (34 CFR 300.502).
If HIDOE files for due process to defend its evaluation, the parent retains the right to request an IEE but HIDOE is not required to fund it if the hearing officer decides its evaluation was appropriate (34 CFR 300.502(b)(3)).