Independent Educational Evaluation (IEE) in Indiana
How do you get an independent educational evaluation (IEE) in Indiana?
Indiana parents have the right to obtain an Independent Educational Evaluation (IEE) at public expense if they disagree with the public agency's evaluation, as provided under Indiana's procedural safeguards implementing IDEA (34 CFR 300.502; 511 IAC 7-37-1). Parents are entitled to one IEE at public expense per school evaluation with which they disagree. Upon receiving a parent's written request for an IEE at public expense, the public agency must — within 10 business days — either notify the parent in writing that it will pay for the IEE or initiate a due process hearing to demonstrate that its evaluation was appropriate. The agency may ask, but not require, the parent to explain their objections; it may not delay the IEE process pending that explanation. If the agency pays for the IEE, the evaluator must meet the same qualification criteria the agency uses for its own evaluations. The IEE must be considered by the Case Conference Committee (CCC) in any decision regarding the student. If an IEE is obtained at private expense, it must also be considered by the CCC if it meets agency criteria. Indiana's 10-business-day response requirement for IEE requests provides parents with a clear accountability mechanism.
What Indiana Requires
Parents are entitled to one IEE at public expense each time the public agency conducts an evaluation with which the parent disagrees (34 CFR 300.502; 511 IAC 7-37-1).
Upon receiving a written IEE request, the public agency must within 10 business days either agree to pay for the IEE or initiate a due process hearing to defend its evaluation (IN DOE procedural safeguards).
The agency may ask the parent for the reason(s) for disagreement but cannot require an explanation and may not delay the IEE process pending that response (34 CFR 300.502(b)(4)).
The IEE evaluator must meet the agency's criteria for qualifications to the extent consistent with the parent's right to an IEE (34 CFR 300.502(e)).
All IEEs — including those obtained at private expense — must be considered by the CCC when making decisions about the student's special education (34 CFR 300.502(c)).
Key Timelines
Public agency must respond to an IEE request within 10 business days by agreeing to pay or initiating a due process hearing (IN DOE procedural safeguards).
If the agency agrees to pay, the IEE must be provided without undue delay (34 CFR 300.502(b)(2)).
If the agency files for due process to defend its evaluation, hearing timelines under 511 IAC 7-45-3 through 7-45-7 apply.