Independent Educational Evaluation (IEE) in South Carolina
How do you get an independent educational evaluation (IEE) in South Carolina?
South Carolina parents have the right to an independent educational evaluation (IEE) at public expense when they disagree with the evaluation conducted by the LEA, consistent with 34 CFR 300.502 and the procedural safeguards under Regulation 43-243. The LEA must provide parents with information about where to obtain an IEE and the LEA's criteria for IEEs upon request. If a parent requests an IEE at public expense, the LEA must either: (1) initiate a due process hearing to show its evaluation was appropriate, or (2) arrange for the IEE at public expense without unnecessary delay. If the hearing officer determines the LEA's evaluation was appropriate, the parent still has the right to obtain an IEE at private expense, and the IEP team must consider those results. IEE criteria — including evaluator qualifications and location — must be the same as those the LEA uses for its own evaluations; the LEA may not impose criteria that restrict the parent's right to an IEE. A parent is entitled to only one IEE at public expense each time the LEA conducts an evaluation with which the parent disagrees.
What South Carolina Requires
Parents have the right to an IEE at public expense when they disagree with the LEA's evaluation; the LEA must inform parents of this right in the procedural safeguards notice (34 CFR 300.502(a); Reg. 43-243).
When a parent requests an IEE at public expense, the LEA must either file for due process to defend its evaluation as appropriate or provide the IEE at public expense without unnecessary delay (34 CFR 300.502(b)(2)).
IEE criteria (including qualifications of evaluators and location) must be the same as those the LEA uses for its own evaluations; the LEA may not impose additional restrictions (34 CFR 300.502(e)).
Results of an IEE conducted at public or private expense must be considered by the IEP team in any decision regarding identification, eligibility, and educational programming (34 CFR 300.502(c)).
A parent is entitled to only one IEE at public expense each time the LEA conducts an evaluation with which the parent disagrees (34 CFR 300.502(b)(5)).
The LEA must provide parents with information about where to obtain an IEE and the LEA's criteria for IEEs upon request (34 CFR 300.502(a)(2)).
Key Timelines
When a parent requests an IEE at public expense, the LEA must initiate a due process hearing or provide the IEE without unnecessary delay (34 CFR 300.502(b)(2)).
If the LEA initiates a due process hearing to challenge the IEE request and the hearing officer determines the LEA's evaluation was appropriate, the parent retains the right to an IEE but not at public expense (34 CFR 300.502(b)(3)).