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 written IEE request, the LEA must provide a written response approving or denying the request within 30 days. If approved, the LEA advises the parent of the process for arranging the evaluation at public expense. If denied, the LEA must file a due process complaint within 30 days of the denial (COMAR 13A.05.01.14; 34 CFR 300.502(b)(2)). The LEA may ask the parent to explain their objections but cannot require an explanation and cannot delay the IEE process. Maryland requires that the LEA provide parents with information about where an IEE may be obtained and the agency criteria applicable to IEEs, including location and qualifications of evaluators. The IEE must meet the same standards as LEA evaluations (e.g., use of validated instruments, qualified evaluators) 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 decisions about the child's special education services (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.
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)).
The LEA must provide a written response approving or denying the IEE request within 30 days; if denied, must file due process within 30 days of denial 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 (34 CFR 300.502(b)(4)).
The IEE must meet LEA standards except that the evaluator must not be employed by the LEA (34 CFR 300.502(e)).
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 in writing to an IEE request within 30 days — either providing the IEE or filing for due process to defend its evaluation (COMAR 13A.05.01.14; 34 CFR 300.502(b)(2)).
IEEs must meet the same technical standards 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 (34 CFR 300.502(c)).