Independent Educational Evaluation (IEE) in Nebraska
How do you get an independent educational evaluation (IEE) in Nebraska?
Nebraska parents have the right to an Independent Educational Evaluation (IEE) at public expense, consistent with federal law (34 CFR 300.502) as implemented in Nebraska (92 NAC 51-010.03; Neb. Rev. Stat. § 79-1141). If a parent disagrees with the district's evaluation, they may request an IEE at district expense. Upon receiving an IEE request, the district must either: (1) agree to fund the IEE and provide information about where the IEE may be obtained; or (2) initiate a due process hearing to demonstrate that its evaluation was appropriate (34 CFR 300.502(b)(2)). The district may not require the parent to provide reasons for the IEE request, but may ask. IEEs obtained at private expense must be considered in any decisions about the student's special education (34 CFR 300.502(c)). Nebraska's procedural safeguards notice must inform parents of their IEE rights (92 NAC 51-010.01; 34 CFR 300.504(c)(1)(ii)). Parents have the right to request evaluation even when the team determines no additional data are needed (92 NAC 51-007.01B).
What Nebraska Requires
Parents are entitled to an IEE at public expense when they disagree with the district's evaluation; the district must either fund the IEE or file for due process to defend its evaluation (Neb. Rev. Stat. § 79-1141; 34 CFR 300.502(b)).
The district may ask but cannot require the parent to explain their objections to the district's evaluation before providing IEE information (34 CFR 300.502(b)(4)).
The district must provide information about where an IEE may be obtained and the applicable criteria for IEEs (34 CFR 300.502(a)(2)).
All IEEs, including those obtained at private expense, must be considered in decisions about special education services (34 CFR 300.502(c)).
Parents must be informed of IEE rights in the procedural safeguards notice (92 NAC 51-010.01; 34 CFR 300.504(c)(1)(ii)).
Key Timelines
The district must either agree to the IEE or file for due process within a reasonable time of the parent's IEE 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).
Any hearing officer-ordered IEE must be considered in placement and service decisions (34 CFR 300.502(d)).