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, as set forth in Rule 2365.1.1 and 34 CFR 300.502. When a parent requests an IEE at public expense, the supervisory union must either agree to pay for the IEE or initiate a due process hearing under Rule 2365.1.6 to demonstrate that its evaluation was appropriate. The supervisory union must respond to the IEE request without unnecessary delay (Rule 2365.1.1; 34 CFR 300.502(b)(2)). The IEE must be conducted by a qualified examiner who is not employed by the supervisory union and who meets the district's criteria for evaluators (including appropriate licensure and credentials). Vermont parents are entitled to one IEE at public expense each time the district conducts an evaluation and the parent disagrees with the results. The results of any IEE — whether obtained at public or private expense — must be considered by the IEP team in making eligibility, programming, and placement decisions (Rule 2365.1.1; 34 CFR 300.502(c)). The IEE results may also be presented as evidence at a due process hearing. Vermont parents may also obtain an independent evaluation at their own expense at any time, and those results must also be considered by the IEP team.
What Vermont Requires
Parents have the right to obtain an IEE at public expense if they disagree with the supervisory union's evaluation, subject to the district's right to challenge through due process (Rule 2365.1.1; 34 CFR 300.502(b)).
The supervisory union must respond to an IEE request without unnecessary delay — either agreeing to fund the IEE or filing for due process to defend its evaluation (Rule 2365.1.1; 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 supervisory union (Rule 2365.1.1; 34 CFR 300.502(e)).
Results of an IEE — at public or private expense — must be considered by the IEP team in making eligibility, programming, and placement decisions (Rule 2365.1.1; 34 CFR 300.502(c)).
Parents are entitled to 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)).
IEE results may be presented as evidence at a due process hearing (34 CFR 300.502(c)(2)).
Key Timelines
The supervisory union must respond to an IEE request without unnecessary delay (Rule 2365.1.1; 34 CFR 300.502(b)(2)).
If the supervisory union 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)).
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.