Independent Educational Evaluation (IEE) in Texas
How do you get an independent educational evaluation (IEE) in Texas?
Parents of students with disabilities in Texas have the right to obtain an Independent Educational Evaluation (IEE) when they disagree with an evaluation conducted by the school district. This right is established under 34 CFR 300.502, which Texas incorporates without significant state-specific modifications. An IEE is an evaluation conducted by a qualified examiner who is not employed by the public agency responsible for the education of the child (34 CFR 300.502(a)(3)(i)). When a parent requests an IEE at public expense, the school district must, without unnecessary delay, either (a) file a due process complaint to demonstrate that its evaluation is appropriate, or (b) ensure that an IEE is provided at public expense (34 CFR 300.502(b)(2)). 'Public expense' means the LEA either pays for the full cost of the evaluation or ensures it is provided at no cost to the parent (34 CFR 300.502(b)(4)). The district may ask the parent the reason for the objection to the public evaluation but may not require the parent to provide an explanation, and the district may not unreasonably delay either providing the IEE at public expense or filing a due process complaint (34 CFR 300.502(b)(4)). A parent is entitled to only one IEE at public expense each time the public agency conducts an evaluation with which the parent disagrees (34 CFR 300.502(b)(5)). The criteria for the IEE, including the location of the evaluation and the qualifications of the examiner, must be the same as the criteria the public agency uses when it initiates an evaluation, to the extent those criteria are consistent with the parent's right to an IEE (34 CFR 300.502(e)(1)). The school district may not impose additional conditions or timelines related to obtaining the IEE beyond those applied to its own evaluations. The results of any IEE obtained by the parent, whether at public or private expense, must be considered by the ARD committee in any decision made with respect to the provision of FAPE to the child, and may be presented as evidence at a due process hearing (34 CFR 300.502(c)). If a hearing officer requests an IEE as part of a hearing, the cost must be at public expense (34 CFR 300.502(d)). Parents always have the right to obtain an IEE at their own expense, regardless of whether they meet the criteria for public funding (34 CFR 300.502(b)(3)).
What Texas Requires
Parent has right to IEE at public expense when disagreeing with LEA evaluation; limited to one IEE per LEA evaluation (34 CFR 300.502(b)(2), (b)(5))
District must without unnecessary delay either fund the IEE or file due process to defend its evaluation (34 CFR 300.502(b)(2))
IEE criteria (location, examiner qualifications) must match LEA's own evaluation criteria (34 CFR 300.502(e)(1))
District may not impose additional conditions or timelines beyond those for its own evaluations (34 CFR 300.502(e)(1))
IEE results must be considered by ARD committee in any FAPE decision and may be evidence at due process (34 CFR 300.502(c))
Parent may always obtain IEE at own expense regardless of public-expense eligibility (34 CFR 300.502(b)(3))
Hearing officer-requested IEE must be at public expense (34 CFR 300.502(d))
Key Timelines
Without unnecessary delay: district must respond to IEE request by either funding evaluation or filing due process (34 CFR 300.502(b)(2))
One IEE at public expense per district evaluation the parent disagrees with (34 CFR 300.502(b)(5))
IEE results must be considered at any subsequent ARD meeting regarding FAPE decisions (34 CFR 300.502(c))