Independent Educational Evaluation (IEE) in Maine
How do you get an independent educational evaluation (IEE) in Maine?
Maine parents have the right to an Independent Educational Evaluation (IEE) at public expense, consistent with federal law (34 CFR 300.502) as implemented in MUSER Ch. 101 § VII(4). If a parent disagrees with the SAU's evaluation, they may request an IEE at SAU expense. The SAU must either agree to fund the IEE or, within a reasonable time, file for due process to demonstrate that its evaluation was appropriate. Maine's 60-calendar-day evaluation timeline applies to the initial evaluation; there is no separate state-specified timeline for the SAU to respond to an IEE request beyond the federal 'without unnecessary delay' standard. IEEs obtained at private expense must still be considered in any decisions about the student's special education. When the IEP team determines no additional evaluation data are needed, parents must be notified and informed of their right to request evaluation — creating a pathway to an IEE if parents disagree with that determination (MUSER Ch. 101 § VII(3)(b)). Maine parents may record IEP meetings unilaterally under 14 M.R.S. § 710 (one-party consent).
What Maine Requires
Parents are entitled to an IEE at public expense when they disagree with the SAU's evaluation; the SAU must either fund the IEE or file for due process to defend its evaluation (34 CFR 300.502(b); MUSER Ch. 101 § VII(4)).
The SAU may ask but cannot require the parent to explain their objections to the SAU's evaluation (34 CFR 300.502(b)(4)).
IEEs must meet the same criteria as SAU evaluations: qualified evaluators, comprehensive assessment, and non-discriminatory administration (MUSER Ch. 101 § VII(4); 34 CFR 300.502(e)).
When the IEP team determines no additional evaluation data are needed, parents must be notified and informed of their right to request evaluation (MUSER Ch. 101 § VII(3)(b)).
All IEEs, including those obtained at private expense, must be considered in decisions about special education services (34 CFR 300.502(c)(1)).
Key Timelines
The SAU must either agree to the IEE or file for due process within a reasonable time of the parent's IEE request (34 CFR 300.502(b)(2)).
If the SAU agrees to the IEE, it must be provided without unnecessary delay (34 CFR 300.502).
Due process regarding the IEE must be filed promptly; the parent retains the right to an IEE at private expense at any time (34 CFR 300.502(b)(3)).