Independent Educational Evaluation (IEE) in Montana
How do you get an independent educational evaluation (IEE) in Montana?
Montana parents have the right to an Independent Educational Evaluation (IEE) at public expense when they disagree with an evaluation conducted by the local educational agency, as provided by 34 CFR 300.502 (the former state-specific ARM 10.16.1102 was repealed effective July 1, 2000, and the IEE right is now governed by federal regulation). A parent is entitled to one IEE at public expense each time the LEA conducts an evaluation with which the parent disagrees. The LEA must respond to an IEE request without unnecessary delay—either providing the IEE at public expense or initiating a due process hearing to defend its evaluation. The IEE evaluator must meet the same criteria for qualification that the LEA uses for its own evaluators, and the LEA may provide parents with a list of qualified evaluators but cannot require parents to use a specific evaluator. Montana's IEE criteria must be consistent with the LEA's criteria for evaluations, and the LEA may set reasonable cost parameters. The results of an IEE at public expense or at private expense must be considered by the IEP team in making eligibility and placement decisions. Montana's OPI Early Assistance Program (ARM 10.16.3660) is available to help resolve disputes about whether an IEE is warranted or appropriate before formal due process is initiated.
What Montana Requires
Parents have the right to one IEE at public expense each time the LEA conducts an evaluation with which the parent disagrees (34 CFR 300.502(b)).
The LEA must respond without unnecessary delay to an IEE request—either by providing the IEE at public expense or initiating a due process hearing to defend its evaluation (34 CFR 300.502(b)(2)).
The IEE evaluator must meet the same qualifications as LEA evaluators, and the LEA may provide a list of qualified evaluators but cannot mandate a specific provider (34 CFR 300.502(e)).
Results of an IEE obtained at public or private expense must be considered by the IEP team when making eligibility and placement decisions (34 CFR 300.502(c)).
The LEA may set reasonable cost criteria for IEEs at public expense consistent with its own evaluation criteria (34 CFR 300.502(e)(1)).
Montana's Early Assistance Program (ARM 10.16.3660) provides informal dispute resolution support for IEE-related disagreements before formal due process.
Key Timelines
The LEA must respond to an IEE request without unnecessary delay, initiating the IEE or filing for due process (34 CFR 300.502(b)(2)).
If the LEA challenges the IEE request through due process, the hearing must be expedited (34 CFR 300.502(b)(2)(ii)).