Independent Educational Evaluation (IEE) in Michigan
How do you get an independent educational evaluation (IEE) in Michigan?
Michigan parents have the right to obtain an Independent Educational Evaluation (IEE) at public expense when they disagree with an evaluation conducted by the school district, as governed by MARSE R 340.1723c and 34 CFR 300.502. The IEE is an evaluation conducted by a qualified examiner who is not employed by the school district. Parents may request an IEE either verbally or in writing to any district staff member — no written explanation of disagreement is required, and the district cannot demand the parent justify the request before proceeding. Upon receiving an IEE request, the district must either (a) fund the IEE without unnecessary delay, or (b) file a due process complaint within a reasonable time to defend the appropriateness of its evaluation. Michigan MDE guidance interprets MARSE R 340.1723c as requiring district action within 7 calendar days of an IEE request — either agreeing to fund or filing for due process. This 7-day guidance is not codified in MARSE itself but represents MDE's interpretation of 'without unnecessary delay.' The district may establish reasonable criteria for the IEE (qualifications, location, cost, procedures) as long as those criteria are the same as those the district uses for its own evaluations; however, the district may not deny a request for an IEE. If a due process hearing officer determines the district's evaluation was appropriate, the parent may still obtain an IEE but only at their own expense. The IEE must be considered by the IEP team (IEPT) when making decisions about the child's education program. Parents are entitled to one IEE at public expense each time they disagree with a district evaluation.
What Michigan Requires
Parents have the right to one IEE at public expense each time they disagree with a district evaluation — no written justification is required from the parent (34 CFR 300.502(b); R 340.1723c).
Upon receiving an IEE request, the district must either fund the IEE without unnecessary delay OR file for due process to defend its evaluation — MDE guidance interprets this as a 7-calendar-day deadline (R 340.1723c; MDE interpretation).
The district may set reasonable evaluator qualifications and cost criteria, but only those criteria it uses for its own evaluations — the district cannot use criteria to obstruct the IEE (34 CFR 300.502(e)).
If a hearing officer finds the district's evaluation was appropriate, the parent may still obtain an IEE but must pay for it out of pocket (34 CFR 300.502(b)(3)).
The IEP team (IEPT) must consider the IEE results when making educational decisions — the team may disagree with the IEE but must document its reasoning (34 CFR 300.502(c)).
Parents may also present an IEE as evidence in due process hearings (34 CFR 300.502(c)(2)).
Key Timelines
District must act without unnecessary delay upon receiving an IEE request — MDE guidance: within 7 calendar days, either agree to fund or file for due process (R 340.1723c; MDE guidance).
If the district files for due process to defend its evaluation, the hearing must proceed on an expedited basis (MDE guidance).
Parents are entitled to one IEE at public expense per district evaluation — if multiple evaluations have been done, parents may request an IEE for each one they disagree with.