Independent Educational Evaluation (IEE) in Idaho
How do you get an independent educational evaluation (IEE) in Idaho?
Idaho parents have the right to an Independent Educational Evaluation (IEE) at public expense, consistent with IDAPA 08.02.03.097.04 and 34 CFR 300.502. If a parent disagrees with the school district's evaluation, the parent may request an IEE at district expense. Upon receipt of an IEE request, the district must either agree to fund the IEE without unnecessary delay or file for due process to demonstrate that its evaluation was appropriate (34 CFR 300.502(b)). The district may ask the parent for the reason for disagreement but cannot require an explanation. The IEE must be conducted by a qualified examiner who is not employed by the district. The district may establish reasonable criteria for IEEs (such as credentials and location requirements) provided they do not prevent the parent from obtaining an IEE. IEEs obtained at private expense must still be considered by the IEP team in any decisions about the student (IDAPA 08.02.03.097.04; 34 CFR 300.502(c)). Parents are entitled to only one publicly funded IEE per evaluation by the district, unless the district's subsequent reevaluation is also contested.
What Idaho Requires
Parents are entitled to an IEE at public expense when they disagree with the district's evaluation; the district must either fund the IEE or file for due process to defend its evaluation (IDAPA 08.02.03.097.04; 34 CFR 300.502(b)).
The district may ask but cannot require the parent to explain the reason for disagreement with the district's evaluation (34 CFR 300.502(b)(4)).
The IEE must meet the same criteria the district uses for its own evaluations, including qualification of the examiner (34 CFR 300.502(e)).
An IEE obtained at private expense must be considered by the IEP team in any decisions regarding the provision of FAPE (IDAPA 08.02.03.097.04; 34 CFR 300.502(c)).
Parents are entitled to one publicly funded IEE per school district evaluation; if the parent disagrees with each new district evaluation, they are entitled to a new IEE (34 CFR 300.502).
Key Timelines
The district must either agree to fund the IEE or initiate due process to defend its evaluation within a reasonable time of receiving the IEE request (34 CFR 300.502(b)(2)).
If the district agrees to fund the IEE, it must be provided without unnecessary delay and cannot be conditioned on waiting periods (34 CFR 300.502(b)).
Parents may request an IEE at any time after disagreeing with an evaluation; there is no specific statute of limitations for the IEE request itself under federal or Idaho rules.