Independent Educational Evaluation (IEE) in Kansas
How do you get an independent educational evaluation (IEE) in Kansas?
Kansas parents have the right to obtain an Independent Educational Evaluation (IEE) at public expense if they disagree with the school district's evaluation (K.A.R. 91-40-46; K.S.A. 72-3414; 34 CFR 300.502). Upon a parent's request for an IEE at public expense, the district must either: (1) file for due process to defend the appropriateness of its evaluation, or (2) provide the IEE at public expense. The district must respond without unnecessary delay (34 CFR 300.502(b)(2)). The district may ask why the parent disagrees with its evaluation but cannot require an explanation. Kansas parents are entitled to one IEE at public expense per evaluation conducted by the school district (34 CFR 300.502(b)(5)). The IEE must meet the district's criteria for evaluator qualifications and assessment tools, but the parent may choose the evaluator (34 CFR 300.502(a)(2); K.A.R. 91-40-46). Criteria for IEEs must be the same as those the district uses for its own evaluations. If the district initiates due process and the hearing officer determines the district's evaluation was appropriate, the parent may still obtain an IEE but not at public expense. Results of an IEE at public expense or obtained privately must be considered by the IEP team (34 CFR 300.502(c)).
What Kansas Requires
Parents may request an IEE at public expense if they disagree with the district's evaluation; the district must either fund the IEE or initiate due process to defend its evaluation (K.A.R. 91-40-46; 34 CFR 300.502(b)).
The district must respond to an IEE request without unnecessary delay — no specific state timeline is set, but unreasonable delays may constitute a procedural violation.
Parents are entitled to one IEE at public expense per school-conducted evaluation (34 CFR 300.502(b)(5)).
The district may establish reasonable criteria for IEE evaluator qualifications, but may not impose criteria that unduly restrict parent choice (34 CFR 300.502(a)(2)).
The district may ask why the parent disagrees with its evaluation but cannot require the parent to provide an explanation before proceeding (34 CFR 300.502(b)(4)).
Results of an IEE, whether obtained at public expense or privately, must be considered by the IEP team in any decision regarding the provision of FAPE (34 CFR 300.502(c)).
Key Timelines
The district must respond to an IEE request without unnecessary delay and either fund the IEE or file for due process (34 CFR 300.502(b)(2)).
If due process is initiated and the hearing officer finds the district's evaluation appropriate, parents may obtain an IEE but not at public expense (34 CFR 300.502(b)(3)).
IEE results must be considered at the next IEP meeting or eligibility determination following receipt of the IEE (34 CFR 300.502(c)).