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 USBE Special Education Rules Section IV.B 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 that parents must meet when selecting an independent evaluator for an IEE at public expense, including geographic area and evaluator qualification requirements, but these criteria cannot be used to unreasonably restrict the parent's choice of evaluator. Under USBE policy, an IEE conducted at public expense becomes the property of the LEA in its entirety. 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. Under Utah Code § 53E-7-208(2), parties must make a diligent and good faith effort to resolve disputes informally before seeking formal due process — this applies to IEE disputes as well. 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 (USBE Special Education Rules IV.B; 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); USBE Special Education Rules IV.B).
An IEE conducted at public expense becomes the property of the LEA in its entirety (USBE Special Education Rules IV.B).
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)).
Parents may request an IEE each time the district conducts an evaluation with which the parent disagrees (34 CFR 300.502(b)(5)).
Before seeking formal due process over an IEE dispute, parties must make a diligent and good faith effort to resolve the dispute informally at the LEA level (Utah Code § 53E-7-208(2)).
Key Timelines
The district must either agree to the IEE or initiate due process within a reasonable time of the parent's IEE request; unreasonable delay constitutes a procedural violation (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)).
The IEP team must consider the IEE results at the next IEP meeting or sooner if warranted (34 CFR 300.502(c)).
Sources
Related IEP Guides
Independent Educational Evaluation (IEE): Your Right to a Second Opinion
Learn what an IEE is, how to request one at public expense, what the school can and cannot do, and how to use IEE results in your child's IEP.
Private Testing vs. School Evaluation: What Parents Need to Know
Learn when to get private testing, what school evaluations miss, and why schools must consider outside evaluation results — even if you paid.