Independent Educational Evaluation (IEE) in Vermont
How do you get an independent educational evaluation (IEE) in Vermont?
Vermont parents have the right to request an independent educational evaluation (IEE) at public expense if they disagree with the school district's evaluation (VT AOE Rule 2360.9.1; 34 CFR 300.502). When a parent requests an IEE at public expense, the district must either agree to pay for the IEE or initiate a due process hearing to demonstrate that its evaluation was appropriate. Vermont rules require that the district respond promptly — without unnecessary delay — to a parent's IEE request. The IEE must be conducted by a qualified examiner who is not employed by the district. Vermont parents are entitled to one IEE at public expense each time the district conducts an evaluation and the parent disagrees. The results of an IEE at public expense must be considered by the IEP team. Vermont also permits parents to obtain an IEE at private expense at any time, and the results must be considered.
What Vermont Requires
Parents have the right to obtain an IEE at public expense if they disagree with the district's evaluation, subject to the district's right to challenge through due process (VT AOE Rule 2360.9.1; 34 CFR 300.502(b)).
The district must respond to an IEE request without unnecessary delay — either agreeing to fund the IEE or filing for due process to defend its evaluation (VT AOE Rule 2360.9.1; 34 CFR 300.502(b)(2)).
The IEE examiner must meet the district's criteria for evaluators, except the evaluator may not be employed by the district (34 CFR 300.502(e)).
Results of an IEE at public expense must be considered by the IEP team in making eligibility and service decisions (VT AOE Rule 2360.9.1; 34 CFR 300.502(c)).
Parents are entitled to only one IEE at public expense each time the district conducts an evaluation and the parent disagrees (34 CFR 300.502(b)(5)).
Parents may obtain an independent evaluation at private expense at any time; results must be considered by the IEP team (34 CFR 300.502(c)(1)).
Key Timelines
The district must respond to an IEE request without unnecessary delay (VT AOE Rule 2360.9.1; 34 CFR 300.502(b)(2)).
If the district files for due process to defend its evaluation, the hearing must be held promptly (34 CFR 300.502(b)(2)(ii)).
The IEP team must consider IEE results at the next scheduled IEP meeting or at a specially convened meeting (34 CFR 300.502(c)).