Independent Educational Evaluation (IEE) in Utah
How do you get an independent educational evaluation (IEE) in Utah?
Utah parents have the right to an independent educational evaluation (IEE) at public expense when they disagree with the LEA's evaluation, consistent with Utah Admin. Code R277-750-301 and federal law (34 CFR 300.502). If a parent disagrees with the LEA's evaluation in whole or in part, the parent may request an IEE at public expense. The district must either: (1) provide the IEE at public expense, or (2) file for due process to demonstrate that its evaluation was appropriate. The district may ask — but not require — the parent to explain the basis for the disagreement. USBE publishes criteria (geographic area and evaluation agency qualifications) that parents must meet when selecting an independent evaluator for an IEE at public expense, but these criteria cannot be used to unreasonably restrict the parent's choice of evaluator. An IEE obtained at private expense must still be considered by the IEP team in any decision regarding the provision of FAPE. The results of an IEE may also be presented as evidence at a due process hearing. Because Utah is a one-party consent state (Utah Code § 77-23a-4), parents may record conversations with evaluators or school staff without consent of others.
What Utah Requires
Parents are entitled to an IEE at public expense when they disagree with the LEA's evaluation; the district must either fund the IEE or initiate due process to defend its evaluation (Utah Admin. Code R277-750-301; 34 CFR 300.502(b)).
The district may ask but cannot require the parent to explain their objections to the evaluation (34 CFR 300.502(b)(4)).
USBE establishes criteria for IEEs at public expense (geographic area and qualified evaluator criteria) that must not unreasonably restrict parental choice (34 CFR 300.502(e)).
An IEE obtained at private expense must be considered by the IEP team in any educational decisions and may be presented at due process hearings (34 CFR 300.502(c)).
When the IEP team determines no additional evaluation data are needed, parents must be notified and informed of their right to request an evaluation (34 CFR 300.305(d)).
Key Timelines
The district must either agree to the IEE or initiate due process within a reasonable time of the parent's IEE request (34 CFR 300.502(b)(2)).
If the district agrees to the IEE, it must be provided without unnecessary delay (34 CFR 300.502).
Parents may request an IEE each time the district conducts an evaluation with which the parent disagrees (34 CFR 300.502(b)(5)).