Independent Educational Evaluation (IEE) in Pennsylvania

How do you get an independent educational evaluation (IEE) in Pennsylvania?

Parents in Pennsylvania have the right to obtain an Independent Educational Evaluation (IEE) of their child under both federal law (34 CFR §300.502) and state regulation. Pennsylvania incorporates 34 CFR §300.502 by reference through 22 Pa. Code §14.124(g). An IEE is an evaluation conducted by a qualified examiner who is not an employee of the public agency responsible for the child's education. Parents may obtain an IEE at public expense if they disagree with the school district's most recent evaluation or reevaluation. A parent is entitled to one IEE at public expense each time the agency conducts an evaluation with which the parent disagrees (34 CFR §300.502(b)). When a parent requests an IEE at public expense, the school district must, without unnecessary delay, either: (1) file a due process complaint to request a hearing to show that its evaluation is appropriate, or (2) ensure that an IEE is provided at public expense (34 CFR §300.502(b)(2)). The district may not simply deny the request without initiating due process. The district must provide the parent with information about where an IEE may be obtained and the criteria applicable to IEEs. The criteria for the IEE must be the same as the criteria the district uses in its own evaluations, including the location of the evaluation and the qualifications of the examiner (34 CFR §300.502(e)). In Pennsylvania, if the IEE is at public expense, it must generally be conducted within the Commonwealth. For evaluations of autism, emotional disturbance, intellectual disability, multiple disabilities, other health impairments, specific learning disability, or traumatic brain injury, the independent evaluator must be a school psychologist certified by the Commonwealth of Pennsylvania. For other disability areas (e.g., speech and language, OT, PT), the evaluator must be licensed or certified in the relevant area under Pennsylvania law. Parents always have the right to obtain an IEE at their own private expense regardless of whether the district agrees to fund it (34 CFR §300.502(b)(3)). The results of any IEE, whether publicly or privately funded, must be considered by the IEP team in making decisions about FAPE (34 CFR §300.502(c)). If the hearing officer in a due process proceeding requests an IEE as part of a hearing, the cost must be at public expense (34 CFR §300.502(d)).