Independent Educational Evaluation (IEE) in Virginia

How do you get an independent educational evaluation (IEE) in Virginia?

Virginia parents have the right to obtain an independent educational evaluation (IEE) at public expense if they disagree with an evaluation obtained by the local educational agency (8VAC20-81-170.B; 34 CFR 300.502). When a parent requests an IEE at public expense, the LEA must either fund the IEE or initiate a due process hearing to demonstrate that its own evaluation is appropriate—it cannot simply refuse. The LEA must provide parents, upon request, with information about where an IEE may be obtained and the applicable criteria for independent evaluations. The LEA's criteria for IEEs (such as evaluator qualifications and geographic location) must be the same as the criteria the LEA uses for its own evaluations, unless the parent demonstrates that unique circumstances justify an exception. IEE results must be considered by the LEA in any decision regarding the provision of FAPE 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 is at public expense (34 CFR 300.502(d)). Virginia amended its regulations (effective November 24, 2021) to remove the word 'component' following 'evaluation,' ensuring that when a parent disagrees with any evaluation, they may request a full IEE at public expense rather than only a disputed component. Parents always retain the right to obtain an IEE at their own expense regardless of the LEA's position.