Independent Educational Evaluation (IEE) in Mississippi
How do you get an independent educational evaluation (IEE) in Mississippi?
Mississippi parents have the right to an Independent Educational Evaluation (IEE) at public expense, consistent with 34 CFR 300.502 as implemented by the Mississippi Special Education Regulations under Miss. Code Ann. § 37-23-9. If a parent disagrees with the school district's evaluation, the parent may request an IEE at public expense. The district must either provide the IEE at public expense or, within a reasonable time, file for a due process hearing to defend its evaluation as appropriate. The district may not unreasonably delay in either agreeing to fund the IEE or initiating a due process hearing. The district may ask (but not require) the parent to explain why they disagree with the evaluation. MDE sets agency criteria for IEEs, including criteria for qualifications of the evaluator and the location of the evaluation, which must not be used to unreasonably restrict the parent's choice. IEEs obtained at private expense must be considered by the IEP team in making decisions about the student. Unlike Mississippi's mediation/due process system, Mississippi does not have a mandatory pre-IEE conference requirement.
What Mississippi Requires
Parents are entitled to an IEE at public expense when they disagree with the district's evaluation; the district must fund the IEE or file for due process to defend its evaluation (34 CFR 300.502(b)).
The district may ask but cannot require the parent to provide reasons for disagreeing with the evaluation (34 CFR 300.502(b)(4)).
MDE establishes criteria for IEEs (evaluator qualifications, location) that must not be used to unreasonably restrict the parent's choice (34 CFR 300.502(e)).
All IEEs, whether at public or private expense, must be considered by the IEP team in any decisions regarding special education (34 CFR 300.502(c)).
If a due process hearing results in a ruling that the district's evaluation was appropriate, the parent may still obtain an IEE at private expense, which must still be considered (34 CFR 300.502(b)(5), (c)).
Key Timelines
The district must agree to fund the IEE or initiate due process within a reasonable time of the parent's request (34 CFR 300.502(b)(2)).
If the district agrees to the IEE, it must be provided without unnecessary delay (34 CFR 300.502).
If the district files for due process, the hearing must be completed within the standard 45-day due process timeline (34 CFR 300.515(a)).