Independent Educational Evaluation (IEE) in Tennessee
How do you get an independent educational evaluation (IEE) in Tennessee?
Tennessee parents have the right to obtain an Independent Educational Evaluation (IEE) at public expense if they disagree with the LEA's evaluation. This right is established in 34 CFR 300.502, adopted by reference in Tenn. Comp. R. & Regs. 0520-01-09-.01. When a parent requests an IEE, the LEA must either pay for the IEE or initiate a due process hearing to show its evaluation was appropriate. Tennessee follows the federal framework for IEE rights without additional state-specific requirements. If the LEA initiates a hearing and the hearing officer determines the LEA's evaluation was appropriate, the parent still has the right to an IEE but not necessarily at public expense. The LEA may ask the parent for the reason they object to the evaluation but may not require an explanation.
What Tennessee Requires
A parent has the right to an IEE at public expense if they disagree with the LEA's evaluation (34 CFR 300.502(b), adopted by reference under Tenn. Comp. R. & Regs. 0520-01-09-.01).
When a parent requests an IEE, the LEA must, without unnecessary delay, either provide the IEE at public expense or initiate a due process hearing to defend the adequacy of its evaluation (34 CFR 300.502(b)(2)).
The LEA may ask the parent for the reason they object to the evaluation but cannot require an explanation as a condition of providing the IEE (34 CFR 300.502(b)(4)).
An IEE at public expense must meet the same criteria the LEA uses for evaluations, including the qualifications of the examiner, unless the parent can demonstrate that the LEA's criteria are unreasonable (34 CFR 300.502(e)).
The IEP team must consider an IEE obtained by the parent, whether at public or private expense, when making any decision related to the provision of FAPE (34 CFR 300.502(c)(1)).
A parent is entitled to only one IEE at public expense per evaluation, not per issue (34 CFR 300.502(b)(5)).
Key Timelines
The LEA must respond to a parent's IEE request without unnecessary delay — either by providing the IEE at public expense or initiating a due process hearing (34 CFR 300.502(b)(2)).
If the due process hearing officer determines the LEA's evaluation was appropriate, the parent may obtain an IEE but not necessarily at public expense (34 CFR 300.502(b)(3)).