Independent Educational Evaluation (IEE) in Kentucky
How do you get an independent educational evaluation (IEE) in Kentucky?
Kentucky parents have the right to obtain an independent educational evaluation (IEE) under 707 KAR 1:340, Section 2. When a parent disagrees with an LEA's evaluation, the LEA must either initiate a due process hearing to show its evaluation was appropriate or ensure that an IEE is provided at public expense. Parents are entitled to only one publicly funded IEE per LEA evaluation they disagree with (707 KAR 1:340, Section 2(6)). The LEA may request, but cannot require, the parent to provide reasons for objecting to the LEA evaluation; the LEA cannot delay action while awaiting the parent's response (707 KAR 1:340, Section 2(4)). Publicly funded IEEs must use the same criteria as LEA evaluations — same location criteria and examiner qualifications — but the LEA cannot impose additional conditions or timelines (707 KAR 1:340, Section 2(5)). If an IEE meets agency criteria, the LEA must consider the results in any decision about FAPE, including IEP development and placement (707 KAR 1:340, Section 2(8)). If a hearing officer requests an IEE as part of a due process proceeding, the cost is at public expense (707 KAR 1:340, Section 2(9)). If the LEA prevails in a due process hearing defending its evaluation, the parent retains the right to an IEE but at their own expense (707 KAR 1:340, Section 2(7)).
What Kentucky Requires
Parents have the right to obtain an IEE at public expense when they disagree with the LEA's evaluation (707 KAR 1:340, Section 2(1)-(3)).
When a parent requests an IEE, the LEA must either fund it or immediately initiate a due process hearing to defend its evaluation (707 KAR 1:340, Section 2(3)).
Parents are entitled to only one publicly funded IEE per LEA evaluation they disagree with (707 KAR 1:340, Section 2(6)).
The LEA may ask but cannot require the parent to state reasons for disagreement; the LEA cannot delay while waiting for reasons (707 KAR 1:340, Section 2(4)).
Publicly funded IEEs must use the same location/examiner qualifications criteria as LEA evaluations; no additional conditions or timelines may be imposed (707 KAR 1:340, Section 2(5)).
If the IEE meets agency criteria, the LEA must consider its results in any FAPE-related decisions, including IEP development (707 KAR 1:340, Section 2(8)).
If a hearing officer requests an IEE, the cost is at public expense (707 KAR 1:340, Section 2(9)).
Key Timelines
The LEA must act promptly upon a parent's IEE request — either by funding the IEE or filing for due process to defend its evaluation (707 KAR 1:340, Section 2(3)).
The LEA cannot delay or impose additional timelines on the IEE process beyond the criteria used for LEA evaluations (707 KAR 1:340, Section 2(5)).