Independent Educational Evaluation (IEE) in Ohio
How do you get an independent educational evaluation (IEE) in Ohio?
Ohio parents have the right to obtain an Independent Educational Evaluation (IEE) under OAC 3301-51-05(G) and 34 CFR 300.502. An IEE is defined as an evaluation conducted by a qualified examiner who is not employed by the educational agency responsible for the child's education (OAC 3301-51-05(G)). A parent has the right to an IEE at public expense if the parent disagrees with an evaluation obtained by the educational agency. 'At public expense' means the school district of residence either pays for the full cost of the evaluation or ensures the evaluation is otherwise provided at no cost to the parent (OAC 3301-51-05(G); 34 CFR 300.502(a)(3)). If a parent requests an IEE at public expense, the educational agency must, without unnecessary delay, either: (1) file a due process complaint to request a hearing to demonstrate that its own evaluation is appropriate, or (2) ensure that an IEE is provided at public expense (OAC 3301-51-05(G); 34 CFR 300.502(b)(2)). The parent is entitled to only one IEE at public expense each time the educational agency conducts an evaluation with which the parent disagrees (34 CFR 300.502(b)(5)). The IEE must meet the same criteria that the educational agency uses when it initiates evaluations, including the same location, qualifications of examiners, and cost parameters (OAC 3301-51-05(G); 34 CFR 300.502(e)). Critically, the educational agency may not impose conditions or timelines related to obtaining an IEE at public expense (OAC 3301-51-05(G)). The agency may ask why the parent objects to its evaluation, but the parent is not required to provide an explanation, and the agency may not unreasonably delay providing the IEE or filing a due process complaint to defend its evaluation. The results of any IEE obtained at public or private expense must be considered by the educational agency in any decision made with respect to the provision of FAPE (34 CFR 300.502(c)). Parents also have the right to obtain an IEE at their own expense at any time, and those results must also be considered by the team.
What Ohio Requires
IEE is an evaluation conducted by a qualified examiner not employed by the educational agency (OAC 3301-51-05(G))
Parent has the right to an IEE at public expense when disagreeing with the agency's evaluation (OAC 3301-51-05(G); 34 CFR 300.502)
Upon parent request, agency must without unnecessary delay either provide the IEE or file for due process to defend its evaluation (OAC 3301-51-05(G); 34 CFR 300.502(b)(2))
One IEE at public expense per agency evaluation with which the parent disagrees (34 CFR 300.502(b)(5))
IEE must meet the same criteria the agency uses for its own evaluations (OAC 3301-51-05(G); 34 CFR 300.502(e))
Agency may not impose conditions or timelines on obtaining an IEE (OAC 3301-51-05(G))
Agency may ask but may not require parent to explain the basis for disagreement (OAC 3301-51-05(G))
Results of any IEE (public or private expense) must be considered in FAPE decisions (34 CFR 300.502(c))
Key Timelines
Agency must act without unnecessary delay upon parent IEE request -- either provide IEE or file due process (OAC 3301-51-05(G); 34 CFR 300.502(b)(2))