Independent Educational Evaluation (IEE) in Iowa
How do you get an independent educational evaluation (IEE) in Iowa?
Iowa parents have the right to request an Independent Educational Evaluation (IEE) at public expense if they disagree with the evaluation conducted by the AEA or LEA, consistent with 281 IAC 41.502 and 34 CFR 300.502. In Iowa, most evaluations are conducted by AEA personnel, so the IEE right is most frequently exercised in response to an AEA evaluation. When a parent requests an IEE, the AEA must either: (1) provide the IEE at public expense without unnecessary delay, or (2) file for due process to defend the adequacy of its evaluation. The AEA may ask — but not require — the parent to explain the basis for disagreement. Iowa's rules under 281 IAC 41.502 allow AEAs to impose reasonable geographic restrictions on independent evaluators and to maintain a list of preferred evaluators, but must have a procedure to allow parents to justify using an out-of-area evaluator. The AEA must reimburse travel costs for obtaining a publicly funded IEE, including meals and lodging. Results of an IEE must be considered by the IEP team in any decision regarding the provision of FAPE (34 CFR 300.502(c)). A parent is entitled to only one IEE at public expense per public agency evaluation; however, a parent may obtain additional IEEs at private expense at any time. Iowa DOE has published comprehensive Q&A guidance on IEE procedures.
What Iowa Requires
A parent who disagrees with the AEA's or LEA's evaluation has the right to request an IEE at public expense; the AEA/LEA must provide it without unnecessary delay or initiate due process to defend the evaluation (281 IAC 41.502; 34 CFR 300.502(b)).
The AEA may ask but may NOT require the parent to provide a reason for requesting the IEE — and may not delay providing or initiating due process (281 IAC 41.502(2)(d); 34 CFR 300.502(b)(4)).
AEAs may impose reasonable geographic restrictions on IEE evaluators and may maintain a list of preferred evaluators, but must allow exceptions when a parent demonstrates special circumstances justify an out-of-area evaluator (281 IAC 41.502(5)).
The AEA must reimburse travel costs (including meals and lodging) incurred by a parent in obtaining a publicly funded IEE from an approved evaluator (Iowa DOE IEE Q&A).
Results of the IEE must be considered by the IEP team in making educational decisions regarding the child (281 IAC 41.502(4); 34 CFR 300.502(c)).
A parent is entitled to one IEE at public expense each time the agency conducts a new evaluation with which the parent disagrees; parents may obtain additional IEEs at private expense at any time (34 CFR 300.502(b)(5)).
A hearing officer may also order a publicly funded IEE as part of a due process hearing (34 CFR 300.502(d)).
Key Timelines
The AEA/LEA must respond to an IEE request without unnecessary delay — a delay of weeks or months is considered unreasonable under Iowa guidance (Iowa DOE IEE Q&A).
If the AEA/LEA decides to challenge the IEE request via due process, it must initiate due process promptly (34 CFR 300.502(b)(2)).
The IEE results must be reviewed by the IEP team at the next IEP meeting following receipt of the evaluation (34 CFR 300.502(c)).