Independent Educational Evaluation (IEE) in New Jersey
How do you get an independent educational evaluation (IEE) in New Jersey?
New Jersey parents have the right to obtain an Independent Educational Evaluation (IEE) at public expense under N.J.A.C. 6A:14-2.5(c). Upon completion of an initial evaluation or reevaluation, a parent who disagrees with the district's evaluation may request an IEE. The parent is entitled to one IEE at district expense each time the district conducts an evaluation with which the parent disagrees. When a parent makes a written request, the district must either: (1) provide information about where an IEE may be obtained and ensure it is provided without undue delay, or (2) file for a due process hearing within 20 calendar days to demonstrate that its evaluation was appropriate (N.J.A.C. 6A:14-2.5(c)(1)). The district may ask the parent to explain their objections but cannot require an explanation and cannot delay the IEE process (N.J.A.C. 6A:14-2.5(c)(1)). Independent evaluators must be from another public district, educational services commission, jointure commission, approved clinic or agency, or a private practitioner who is appropriately certified and/or licensed (N.J.A.C. 6A:14-2.5(c)(2)). The district must permit the evaluator to observe the student in the classroom. If an Administrative Law Judge orders an IEE, the district must pay the cost. Any IEE, including those obtained at private expense, must be considered in decisions about the student's special education services.
What New Jersey Requires
Parents are entitled to one IEE at district expense each time the district conducts an evaluation with which the parent disagrees (N.J.A.C. 6A:14-2.5(c)).
The district must either provide the IEE without undue delay or file for due process within 20 calendar days to defend its evaluation (N.J.A.C. 6A:14-2.5(c)(1)).
The district may ask but cannot require the parent to explain objections to the district's evaluation (N.J.A.C. 6A:14-2.5(c)(1)).
IEE evaluators must be appropriately certified/licensed professionals from approved entities or private practice (N.J.A.C. 6A:14-2.5(c)(2)).
The district must permit the IEE evaluator to observe the student in the classroom or educational setting (N.J.A.C. 6A:14-2.5(c)).
All IEEs, including those obtained at private expense, must be considered in special education decisions (N.J.A.C. 6A:14-2.5(c)).
Key Timelines
The district must file for due process within 20 calendar days of the parent's IEE request if it wishes to defend its own evaluation (N.J.A.C. 6A:14-2.5(c)(1)).
If the district agrees to the IEE, it must be provided without undue delay (N.J.A.C. 6A:14-2.5(c)(1)).
The IEE must be conducted per the evaluation standards in N.J.A.C. 6A:14-3.4.