Independent Educational Evaluation (IEE) in South Dakota
How do you get an independent educational evaluation (IEE) in South Dakota?
South Dakota parents have the right to obtain an Independent Educational Evaluation (IEE) at public expense if they disagree with the school district's evaluation, governed by ARSD 24:05:30:03 and 34 CFR 300.502. If the parent requests an IEE, the district must either provide the IEE at public expense or file a due process complaint to demonstrate that its own evaluation was appropriate. The district cannot simply deny the IEE request without taking action. The IEE must be considered by the IEP team and may be presented as evidence at a due process hearing. If the hearing officer determines the district's evaluation was appropriate, the parent may still obtain an IEE at personal expense. The IEE must be conducted by a qualified examiner who is not employed by the district, and the district may establish reasonable criteria for IEEs (such as qualification requirements and geographic limitations) provided they do not unreasonably limit the parent's choice. South Dakota's parent rights document (ARSD 24:05:30:03; annually issued) specifies procedures for requesting an IEE and information parents can expect when asking about IEE criteria. Parents have the right to only one IEE at public expense per district evaluation. The IEE results must be considered in any decision regarding the provision of FAPE.
What South Dakota Requires
Parents have the right to request an IEE at public expense if they disagree with any evaluation conducted by the school district (ARSD 24:05:30:03; 34 CFR 300.502(b)).
Upon a parent's request for an IEE, the district must either provide the IEE at public expense without unnecessary delay or file a due process complaint to defend the adequacy of its evaluation (34 CFR 300.502(b)(2)).
The IEE must be considered by the IEP team in any decision regarding the provision of FAPE, and may be presented as evidence at a due process hearing (ARSD 24:05:30:03; 34 CFR 300.502(c)).
The district may establish criteria for IEEs (location, qualifications of examiner) consistent with those it uses for its own evaluations, provided the criteria do not unreasonably restrict parental choice (34 CFR 300.502(e)).
Parents are entitled to only one IEE at public expense per school evaluation; a new right arises after each district evaluation (34 CFR 300.502(b)(5)).
If the hearing officer determines the district's evaluation was appropriate, the parent may still obtain an IEE at private expense, and the district must consider the results (34 CFR 300.502(b)(3)).
Key Timelines
Upon receipt of a parent's IEE request, the district must respond without unnecessary delay — either providing the IEE at public expense or filing for due process (34 CFR 300.502(b)(2)).
The IEP team must consider IEE results in subsequent IEP decisions; consideration should occur at the next relevant IEP team meeting (34 CFR 300.502(c)).
A new right to an IEE at public expense arises whenever the district conducts a new evaluation and the parent disagrees (34 CFR 300.502).