Independent Educational Evaluation (IEE) in Nevada
How do you get an independent educational evaluation (IEE) in Nevada?
Nevada parents have the right to an Independent Educational Evaluation (IEE) at public expense, consistent with federal law (34 CFR 300.502) as implemented in Nevada. If a parent disagrees with the district's evaluation, they may request an IEE at district expense. The district must either agree to fund the IEE or, within a reasonable time, initiate a due process hearing to demonstrate that its evaluation was appropriate. In Nevada, the school district bears both the burden of proof and the burden of production in such due process proceedings (NRS 388.467), which provides parents with a stronger procedural position than in many other states. IEEs must meet the same criteria the district uses for its own evaluations regarding qualifications of the examiner and location; the district may establish reasonable criteria for IEE providers. All IEEs, whether obtained at public or private expense, must be considered in IEP team decisions regarding the student's special education program. Parents must be provided information about where to obtain an IEE upon request.
What Nevada 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 initiate due process to defend its evaluation (34 CFR 300.502(b)).
In any due process hearing the district initiates to defend its evaluation, Nevada law places the burden of proof and burden of production on the school district (NRS 388.467).
The district may ask, but cannot require, the parent to explain their objections to the evaluation (34 CFR 300.502(b)(4)).
IEEs must be conducted by a qualified examiner not employed by the school district; the district may establish reasonable criteria for IEE providers (34 CFR 300.502(e)).
All IEEs, including those obtained at private expense, must be considered in IEP team decisions and in due process hearings (34 CFR 300.502(c)).
Upon request, the district must provide parents with information about where to obtain an IEE (34 CFR 300.502(a)(2)).
Key Timelines
The district must either agree to 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 fund the IEE, it must be provided without unnecessary delay (34 CFR 300.502).
IEE results must be considered in any IEP team decision regarding the student's program (34 CFR 300.502(c)).