Independent Educational Evaluation (IEE) in Rhode Island
How do you get an independent educational evaluation (IEE) in Rhode Island?
Rhode Island parents have the right to obtain an independent educational evaluation (IEE) at public expense when they disagree with the district's evaluation. This right is implemented through 200-RICR-20-10-1.4(F) and 34 CFR 300.502. Upon a parent's request for a public-expense IEE, the district must either fund the IEE without undue delay or initiate a due process hearing to demonstrate that its evaluation is appropriate. If a hearing officer decides the district's evaluation was appropriate, the parent may still obtain an IEE at their own expense. The district must provide parents with information about where an IEE may be obtained and the applicable criteria (including location and qualifications criteria, which must be consistent with those the district uses for its own evaluations). The district must consider the results of any IEE conducted at public or private expense in any decision regarding FAPE and must consider IEE findings in due process hearings. Rhode Island parents may request one IEE per evaluation conducted by the district.
What Rhode Island Requires
Parents have the right to an IEE at public expense when they disagree with the district's evaluation; the district must fund the IEE or initiate due process to defend its evaluation (200-RICR-20-10-1.4(F); 34 CFR 300.502(b)).
The district must provide parents with information about where an IEE may be obtained and the agency criteria for IEEs (34 CFR 300.502(a)(2)).
The district's IEE criteria (location, qualifications) must not be more restrictive than those the district uses for its own evaluations (34 CFR 300.502(e)).
The district must consider any IEE obtained at private expense in any decision regarding FAPE (34 CFR 300.502(c)(1)).
IEE results must be presented as evidence at a due process hearing at the request of either party (34 CFR 300.502(c)(2)).
Parents are entitled to one public-expense IEE per district evaluation with which they disagree (34 CFR 300.502(b)(5)).
Key Timelines
When a parent requests a public-expense IEE, the district must, without undue delay, either fund the IEE or file for due process to defend its evaluation (34 CFR 300.502(b)(2)).
There is no specific Rhode Island state timeline for when the district must respond to an IEE request; 'without undue delay' is the operative standard (34 CFR 300.502(b)(2)).
If the district files for due process and the hearing officer determines the district's evaluation is appropriate, the parent still has the right to an IEE at private expense (34 CFR 300.502(b)(3)).