Independent Educational Evaluation (IEE) in Oregon
How do you get an independent educational evaluation (IEE) in Oregon?
Oregon parents have the right to obtain an Independent Educational Evaluation (IEE) at public expense when they disagree with the district's evaluation of their child, as established by ORS 343.173, OAR 581-015-2305, and 34 CFR 300.502. If a parent requests an IEE, the district must either agree to fund it or initiate a due process hearing to demonstrate that its evaluation was appropriate (OAR 581-015-2305(2)). If the district's evaluation is upheld at hearing, parents still have the right to obtain a private IEE at their own expense. The district must provide information about where an IEE can be obtained and the criteria applicable to IEEs (OAR 581-015-2305(3)). An IEE conducted at public expense must meet the same criteria the district uses for its own evaluations (e.g., evaluator qualifications, evaluation procedures) except that parents and evaluators are entitled to freedom in choosing providers, subject to the district's criteria (OAR 581-015-2305(4)). The IEP Team must consider the results of an IEE when making decisions about the student, whether it was obtained at public or private expense (OAR 581-015-2305(5); 34 CFR 300.502(c)). Oregon parents may request an IEE at any time they disagree with the district's evaluation; there is no deadline by which they must act on this right. The IEE may cover any or all areas assessed in the district's evaluation. Oregon's ODE Office of Enhancing Student Opportunities provides guidance on the IEE process through its Dispute Resolution resources. Under ORS 343.173, parents may also examine all district records pertaining to the evaluation within 10 business days of request, which supports informed decision-making about whether to request an IEE. A hearing officer may also order an IEE as part of a due process hearing at public expense (OAR 581-015-2305(6); 34 CFR 300.502(d)). Oregon districts must maintain a current list of qualified independent evaluators and make this list available to parents upon request.
What Oregon Requires
Parents have the right to an IEE at public expense if they disagree with the district's evaluation; the district must either fund the IEE or initiate a due process hearing to defend its evaluation (ORS 343.173; OAR 581-015-2305(2); 34 CFR 300.502).
The district must provide information about where an IEE can be obtained and the applicable criteria (evaluator qualifications, evaluation procedures) (OAR 581-015-2305(3); 34 CFR 300.502(a)(2)).
The IEP Team must consider the results of any IEE when making decisions about the student, whether funded publicly or privately (OAR 581-015-2305(5); 34 CFR 300.502(c)).
A parent-obtained IEE at public expense must meet the same criteria the district uses for its evaluations except that parents choose the evaluator (OAR 581-015-2305(4); 34 CFR 300.502(e)).
Parents may examine all district records related to the evaluation within 10 business days of request, supporting informed decisions about whether to request an IEE (ORS 343.173).
A hearing officer may order a publicly funded IEE as part of a due process proceeding (OAR 581-015-2305(6); 34 CFR 300.502(d)).
Oregon districts must maintain current information about qualified independent evaluators and make this available to parents upon request (OAR 581-015-2305(3)).
Key Timelines
After a parent requests an IEE at public expense, the district must respond without unnecessary delay—either initiating a due process hearing to defend its evaluation or funding the IEE (OAR 581-015-2305(2); 34 CFR 300.502(b)(2)).
Parents may examine district records within 10 business days of requesting access (ORS 343.173).
There is no prescribed deadline for parents to request an IEE after receiving the district's evaluation (OAR 581-015-2305; 34 CFR 300.502).
Sources
Related IEP Guides
Independent Educational Evaluation (IEE): Your Right to a Second Opinion
Learn what an IEE is, how to request one at public expense, what the school can and cannot do, and how to use IEE results in your child's IEP.
Private Testing vs. School Evaluation: What Parents Need to Know
Learn when to get private testing, what school evaluations miss, and why schools must consider outside evaluation results — even if you paid.