Independent Educational Evaluation (IEE) in Oklahoma
How do you get an independent educational evaluation (IEE) in Oklahoma?
Oklahoma parents have the right to an Independent Educational Evaluation (IEE) at public expense if they disagree with the LEA's evaluation. The parent is entitled to one IEE at public expense per LEA evaluation. Upon IEE request, the LEA must either provide its IEE criteria and information about how to obtain an IEE without unnecessary delay, or file for due process to show its evaluation was appropriate. The LEA's IEE criteria may include location, examiner qualifications, disability-specific eligibility requirements, and reasonable cost containment — but not additional conditions or timelines. Results of an IEE at public expense must be considered by the MEEGS group or IEP team in any decision regarding FAPE.
What Oklahoma Requires
Parent has the right to one IEE at public expense for each LEA evaluation if they disagree; parent may also obtain an IEE at their own expense at any time (34 C.F.R. § 300.502; Oklahoma Special Education Policies & Procedures 2024, Ch. 11, Sec. 5)
Upon IEE request, LEA must without unnecessary delay: (1) provide IEE criteria and information about where to obtain IEE, OR (2) file due process to show LEA evaluation was appropriate (34 C.F.R. § 300.502(b)(2); Oklahoma Special Education Policies & Procedures 2024, Ch. 11, Sec. 5.A)
LEA's IEE criteria may include: location for evaluation, required qualifications of examiner, eligibility requirements for specific disability categories, and reasonable cost containment criteria — LEA may NOT impose other conditions or timelines (34 C.F.R. § 300.502; Oklahoma Special Education Policies & Procedures 2024, Ch. 11, Sec. 5.A)
Parent, not the district, has the right to choose which evaluator on the LEA's list will conduct the IEE; parent may also select an evaluator not on the list who meets criteria (OSEP Letter to Parker, February 20, 2004)
Results of an IEE obtained at public expense must be considered by MEEGS group or IEP team in any FAPE, eligibility, or placement decision; IEE results cannot be the sole determining factor for eligibility (34 C.F.R. § 300.502(c); Oklahoma Special Education Policies & Procedures 2024, Ch. 11, Sec. 5.A.iv)
Key Timelines
LEA must respond to IEE request without unnecessary delay by either providing IEE criteria or filing for due process (34 C.F.R. § 300.502(b)(2))