Independent Educational Evaluation (IEE) in New Mexico
How do you get an independent educational evaluation (IEE) in New Mexico?
New Mexico parents have the right to request an Independent Educational Evaluation (IEE) at public expense whenever they disagree with an evaluation conducted by the public agency, under NMAC 6.31.2.13 and 34 CFR 300.502. Parents are entitled to one IEE per agency evaluation. Upon receiving a parent's written request for an IEE at public expense, the LEA must either: (1) initiate a due process hearing to demonstrate that its evaluation was appropriate; or (2) provide the IEE at no cost to the parent (6.31.2.13 NMAC; 34 CFR 300.502(b)). The LEA may not unduly delay the IEE or require excessive justification for the request. The LEA must provide parents with information about where an IEE can be obtained and the agency's criteria for evaluators (34 CFR 300.502(a)(2)). The public agency may establish criteria for IEEs — such as evaluator qualifications, location, and cost standards — provided those criteria are consistent with those applied to its own evaluations and do not prohibit a parent from obtaining an IEE (34 CFR 300.502(e)). The IEP team must consider any IEE obtained at public or private expense if it meets the agency's criteria (6.31.2.13 NMAC; 34 CFR 300.502(c)). Parents may also obtain an IEE at private expense at any time; the hearing officer may also order an IEE as part of a due process proceeding at public expense (34 CFR 300.502(d)). The right to an IEE applies to all types of evaluations, including psychological, educational, speech-language, and occupational or physical therapy assessments.
What New Mexico Requires
Parents may request a public-funded IEE whenever they disagree with a public agency evaluation; the LEA must either provide the IEE or file for due process to defend its evaluation (6.31.2.13 NMAC; 34 CFR 300.502(b)).
Parents are entitled to one IEE per public agency evaluation (34 CFR 300.502(b)(5)).
The LEA must provide information about where to obtain an IEE and the agency's criteria for independent evaluators (34 CFR 300.502(a)(2)).
LEA criteria for IEEs cannot effectively prohibit a parent from obtaining one; criteria must be consistent with those applied to the LEA's own evaluations (34 CFR 300.502(e)).
The IEP team must consider any IEE (at public or private expense) that meets the agency's criteria (6.31.2.13 NMAC; 34 CFR 300.502(c)).
A hearing officer may order a public-funded IEE as part of a due process proceeding (34 CFR 300.502(d)).
Key Timelines
The LEA must respond to a parent IEE request without undue delay — either initiating due process to defend its evaluation or providing the IEE (34 CFR 300.502(b)(2)).
The parent's right to request a public-funded IEE is triggered by the receipt of the LEA's evaluation report and disagreement with it.