Independent Educational Evaluation (IEE) in Washington D.C.
How do you get an independent educational evaluation (IEE) in Washington D.C.?
In Washington D.C., parents have the right to request an independent educational evaluation (IEE) at public expense when they disagree with the LEA's evaluation, consistent with IDEA 34 CFR 300.502. Upon a parent's request for an IEE, the DC LEA must either (1) initiate a due process hearing to defend its evaluation or (2) ensure an IEE is provided at public expense without unnecessary delay. DC's 5-business-day document access rule (DC Official Code § 38-2571.03) means parents must receive evaluation reports before IEP or eligibility meetings, giving them adequate opportunity to review and decide whether to request an IEE. The public agency bears the burden of persuasion in any due process proceeding to defend its evaluation (DC Official Code § 38-2571.03), making DC's IEE framework more parent-protective than the federal baseline. Results of an IEE obtained at public expense must be considered by the IEP team in any decision making.
What Washington D.C. Requires
Parents may request an IEE at public expense whenever they disagree with any evaluation conducted by the LEA; the right is not limited to initial evaluations (34 CFR 300.502(b)).
Upon receiving an IEE request, the DC LEA must either initiate due process to defend its evaluation or fund the IEE without unnecessary delay (34 CFR 300.502(b)(2)).
Results of an IEE obtained at public expense or that parents paid for and submit to the LEA must be considered by the IEP team in all relevant decisions (34 CFR 300.502(c)).
The public agency in DC bears the burden of persuasion on the appropriateness of its evaluation in any due process proceeding, giving parents a favorable evidentiary position (DC Official Code § 38-2571.03).
A hearing officer may order an IEE at public expense as part of a due process hearing decision (34 CFR 300.502(d)).
DC LEAs may establish reasonable criteria for IEEs, including criteria for who qualifies as an independent evaluator and the cost of evaluations; these criteria must be provided to parents on request (34 CFR 300.502(e)).
Parents are entitled to only one IEE at public expense per LEA evaluation, unless the LEA obtains an additional evaluation through due process (34 CFR 300.502(b)(5)).
Key Timelines
The LEA must respond to an IEE request without unnecessary delay; no specific number of days is set in DC statute but OSSE guidance recommends prompt action (34 CFR 300.502(b)(2)).
If the LEA initiates due process to defend its evaluation, it must do so without unnecessary delay (34 CFR 300.502(b)(2)(ii)).
Documents to parent before IEP/eligibility meetings: evaluation reports must be provided at least 5 business days before the meeting so parents can review before deciding to request an IEE (DC Official Code § 38-2571.03).