Independent Educational Evaluation (IEE) in North Dakota
How do you get an independent educational evaluation (IEE) in North Dakota?
North Dakota parents have the right to an Independent Educational Evaluation (IEE) at public expense, consistent with federal law (34 CFR 300.502) and implemented through NDAC 67-23-04. If a parent disagrees with the district's evaluation, they may request an IEE at district expense. Upon receiving such a request, the district must either promptly initiate the IEE at public expense or file for a due process hearing to demonstrate that its evaluation was appropriate. If the district files for due process and the hearing officer determines the district's evaluation was appropriate, the parent may still obtain an IEE at private expense. IEEs obtained at private expense must still be considered by the district in any decisions about the student's special education. The district may establish criteria for IEEs paid at public expense (e.g., the evaluator must meet the same qualifications as district evaluators), as long as the criteria do not interfere with the parent's right to an IEE. North Dakota does not have a specific additional state-level IEE process; the federal framework applies directly through NDAC.
What North Dakota 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 file for due process to defend its evaluation (34 CFR 300.502(b); NDAC 67-23-04).
The district may ask but cannot require the parent to explain their objections to the district's evaluation before agreeing to an IEE (34 CFR 300.502(b)(4)).
The district may establish criteria for publicly funded IEEs (e.g., evaluator qualifications, location) as long as those criteria do not infringe on the parent's right to an IEE (34 CFR 300.502(e)).
IEEs obtained at private expense must be considered by the IEP team in any decision regarding services (34 CFR 300.502(c)).
When the IEP team determines that no additional evaluation data are needed, parents must be informed and given the right to request evaluation (34 CFR 300.305(d)).
Key Timelines
The district must either agree to the IEE at public expense or file for due process without unnecessary delay after the parent's IEE request (34 CFR 300.502(b)(2)).
If the district requests a due process hearing to defend its evaluation, the hearing must be held and decision issued within the applicable due process timelines (45 days after the resolution period, per 34 CFR 300.515).
The IEE must be provided without unnecessary delay if the district agrees to fund it (34 CFR 300.502(b)).