Independent Educational Evaluation (IEE) in North Carolina
How do you get an independent educational evaluation (IEE) in North Carolina?
Parents in North Carolina have the right to obtain an Independent Educational Evaluation (IEE) of their child if they disagree with the LEA's evaluation results (34 CFR 300.502; NC 1504-1.3). An IEE is an evaluation conducted by a qualified examiner who is not employed by the LEA responsible for the child's education. When a parent requests an IEE at public expense, the LEA must either (a) agree to pay for the IEE, or (b) file a due process complaint to demonstrate that its own evaluation is appropriate (34 CFR 300.502(b)(2)). If the LEA files for due process and the ALJ determines the LEA's evaluation was appropriate, the parent still has the right to an IEE but not at public expense. Parents have a right to only one IEE at public expense each time the LEA conducts an evaluation with which the parent disagrees (34 CFR 300.502(b)(5)). If the parent obtains an IEE at public expense, or if a parent-funded IEE is shared with the LEA, the results must be considered by the IEP Team in any decision about the child's education and may be presented as evidence at a due process hearing (34 CFR 300.502(c)). The LEA may establish criteria for IEEs, such as the location of the evaluation and the qualifications of the examiner, but these criteria must be the same as the criteria the LEA uses for its own evaluations (34 CFR 300.502(e)). The LEA must provide parents with information about where an IEE may be obtained and the LEA's criteria for IEEs upon request (34 CFR 300.502(a)(2)). Parents always have the right to obtain an IEE at their own expense regardless of whether the LEA agrees to pay, and the LEA must still consider such results.
What North Carolina Requires
Parents have the right to an IEE at public expense if they disagree with the LEA's evaluation (34 CFR 300.502(b); NC 1504-1.3)
When a parent requests an IEE at public expense, the LEA must either agree to pay or file for due process to defend its evaluation (34 CFR 300.502(b)(2))
Parents have a right to one IEE at public expense for each evaluation the LEA conducts with which the parent disagrees (34 CFR 300.502(b)(5))
IEE results obtained at public expense or shared by the parent must be considered by the IEP Team in decisions about the child (34 CFR 300.502(c))
The LEA may establish criteria for IEEs (location, examiner qualifications) but criteria must match what the LEA uses for its own evaluations (34 CFR 300.502(e))
The LEA must provide information about where an IEE may be obtained and the LEA's criteria upon parent request (34 CFR 300.502(a)(2))
Parents always have the right to obtain an IEE at their own expense, and the LEA must still consider such results
Key Timelines
When a parent requests an IEE at public expense, the LEA must respond without unnecessary delay by either agreeing or filing for due process (34 CFR 300.502(b)(2))
IEE results must be considered by the IEP Team at the next relevant meeting or decision point (34 CFR 300.502(c))
The right to an IEE exists each time the LEA conducts an evaluation with which the parent disagrees (34 CFR 300.502(b)(5))