Independent Educational Evaluation (IEE) in New York

How do you get an independent educational evaluation (IEE) in New York?

Parents in New York have the right to obtain an independent educational evaluation (IEE) at public expense if they disagree with an evaluation obtained by the school district, as governed by 8 NYCRR Section 200.5(g) and 34 CFR Section 300.502. An IEE is defined as an evaluation conducted by a qualified examiner who is not employed by the school district responsible for the education of the child (8 NYCRR Section 200.1(z)). When a parent requests an IEE at public expense, the district must, without unnecessary delay, either (a) ensure that an independent educational evaluation is provided at public expense, or (b) initiate an impartial due process hearing to demonstrate that the district's evaluation is appropriate (8 NYCRR Section 200.5(g)(1)). If the IHO determines that the district's evaluation was appropriate, the parent still has the right to obtain an IEE but not at public expense. The criteria for an IEE at public expense -- including the location of the evaluation and the qualifications of the examiner -- must be the same as the criteria the school district uses when it initiates an evaluation, to the extent that those criteria are consistent with the parent's right to an IEE (8 NYCRR Section 200.5(g)(1)(iv)). The district cannot impose conditions or timelines that effectively deny the parent's right to an IEE. Upon request, the district must provide the parent with information about where an IEE may be obtained and the applicable criteria (8 NYCRR Section 200.5(g)(1)(ii)). A parent is entitled to only one IEE at public expense each time the school district conducts an evaluation with which the parent disagrees (8 NYCRR Section 200.5(g)(1)(iii)). The district must pay for the entire evaluation, and the fee charged by the independent evaluator must be consistent with what equally qualified evaluators charge in the geographic area; the district cannot place a cap on cost that is less than the prevailing rate. If the parent obtains an IEE at public expense or shares a privately obtained evaluation with the district, the CSE/CPSE must consider the results when making decisions about the provision of FAPE, and the IEE may be presented as evidence at an impartial hearing (8 NYCRR Section 200.5(g)(1)(vi)).