Independent Educational Evaluation (IEE) in Illinois

How do you get an independent educational evaluation (IEE) in Illinois?

Parents in Illinois have the right to obtain an independent educational evaluation (IEE) of their child at public expense when they disagree with an evaluation conducted by the school district, pursuant to 23 IAC 226.180, 34 CFR 300.502, and 105 ILCS 5/14-8.02(g-5). To request an IEE at public expense, the parent must submit a written request to the local school district superintendent (23 IAC 226.180). Upon receiving the request, the district must either agree to fund the IEE or file for a due process hearing within 5 days to demonstrate that its own evaluation was appropriate (105 ILCS 5/14-8.02). Notably, in this situation the school district bears the burden of persuasion — one of the few contexts in special education law where the burden falls on the district rather than the parent. If the district's evaluation is found appropriate through due process, the parent retains the right to obtain an IEE but not at public expense. The IEE must meet the same criteria the district uses for its own evaluations, including evaluator qualifications, geographic location considerations, and assessment instruments, unless the parent can demonstrate that unique circumstances justify deviating from those criteria (34 CFR 300.502(e)). The district must consider the results of any IEE obtained at public or private expense in any decision made regarding the child's FAPE (34 CFR 300.502(c)). After receiving the report from an IEE conducted at public expense, the district must provide written notice convening an IEP team meeting within 10 days to review the results (23 IAC 226.180(d)). Parents are 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)).