Independent Educational Evaluation (IEE) in Maryland
How do you get an independent educational evaluation (IEE) in Maryland?
Maryland parents have the right to obtain an Independent Educational Evaluation (IEE) at public expense under COMAR 13A.05.01.14 and 34 CFR 300.502. When a parent disagrees with an evaluation conducted by the LEA, they may request an IEE at public expense. Upon receiving a request for an IEE, the LEA must, without unnecessary delay, either: (1) ensure that an IEE is provided at public expense, or (2) file a due process complaint to demonstrate that its evaluation is appropriate (COMAR 13A.05.01.14; 34 CFR 300.502(b)(2)). Maryland MSDE guidance specifies that the LEA should respond to the IEE request within 30 days. The LEA may ask the parent to explain their objections to the LEA's evaluation but cannot require an explanation as a condition of proceeding, and cannot unreasonably delay either providing the IEE or filing for due process (34 CFR 300.502(b)(4)). Maryland requires that the LEA provide parents with information about where an IEE may be obtained and the agency criteria applicable to IEEs, including the location of the evaluation, the qualifications of the examiner, and the cost (which must be consistent with the LEA's own evaluation costs unless the parent demonstrates that unique circumstances justify higher costs) (34 CFR 300.502(e)). The IEE must meet the same standards as LEA evaluations (technically sound instruments, qualified evaluators, comprehensive scope) except that the evaluator must not be employed by the LEA. All IEEs — including those obtained at private expense — must be considered by the IEP team in making decisions about the child's special education (34 CFR 300.502(c)). If an IEE is ordered by an Administrative Law Judge (ALJ) through due process, the LEA must pay the cost. Parents are entitled to one IEE at public expense each time the LEA conducts an evaluation with which the parent disagrees. Maryland's Disability Rights Maryland (formerly Maryland Disability Law Center) provides advocacy resources for parents seeking IEEs.
What Maryland Requires
Parents are entitled to one IEE at public expense each time the LEA conducts an evaluation with which the parent disagrees (COMAR 13A.05.01.14; 34 CFR 300.502(b)).
Upon receiving an IEE request, the LEA must without unnecessary delay either provide the IEE at public expense or file due process to defend its evaluation (COMAR 13A.05.01.14; 34 CFR 300.502(b)(2)).
The LEA may ask for but cannot require the parent to explain their objections to the LEA's evaluation, and cannot unreasonably delay (34 CFR 300.502(b)(4)).
The IEE must meet LEA evaluation standards (technically sound instruments, qualified evaluators) except that the evaluator must not be employed by the LEA (34 CFR 300.502(e)).
The LEA must provide parents with information about where an IEE may be obtained and the agency criteria for IEEs, including examiner qualifications and cost parameters (34 CFR 300.502(e); COMAR 13A.05.01.14).
All IEEs, including those at private expense, must be considered by the IEP team in making decisions about the child's education (34 CFR 300.502(c)).
If an ALJ orders an IEE as part of a due process hearing, the LEA must pay for it (34 CFR 300.502(d)).
Key Timelines
The LEA must respond to an IEE request without unnecessary delay — MSDE guidance indicates within 30 days — either providing the IEE or filing for due process (COMAR 13A.05.01.14; 34 CFR 300.502(b)(2)).
The IEE must meet the same technical standards and scope as LEA evaluations (34 CFR 300.502(e)).
If the parent obtains an IEE at private expense, the IEP team must consider it at the next IEP meeting or relevant decision point (34 CFR 300.502(c)).
IEE at public expense: one per LEA evaluation with which the parent disagrees (34 CFR 300.502(b)).
Sources
Related IEP Guides
Independent Educational Evaluation (IEE): Your Right to a Second Opinion
Learn what an IEE is, how to request one at public expense, what the school can and cannot do, and how to use IEE results in your child's IEP.
Private Testing vs. School Evaluation: What Parents Need to Know
Learn when to get private testing, what school evaluations miss, and why schools must consider outside evaluation results — even if you paid.