Independent Educational Evaluation (IEE) in Washington
How do you get an independent educational evaluation (IEE) in Washington?
Washington parents have the right to obtain an Independent Educational Evaluation (IEE) at public expense under WAC 392-172A-05005. If a parent disagrees with the district's evaluation, the parent may request an IEE, and the district must respond within 15 days by either: (1) initiating a due process hearing to demonstrate that its evaluation was appropriate, or (2) providing the IEE at public expense without unnecessary delay (WAC 392-172A-05005). Parents are entitled to one IEE at public expense each time the district conducts an evaluation with which the parent disagrees. IEE criteria must match district standards regarding examiner qualifications, evaluation location, and methodology, but the district may not impose additional conditions or timelines beyond these criteria. If the district prevails in a hearing, the parent may still obtain an IEE but must pay privately. All IEEs meeting agency criteria must be considered in FAPE-related decisions and may be used as evidence in due process hearings (WAC 392-172A-05005). The district must provide information about where evaluations may be obtained upon request. Washington's 15-day response deadline is a specific state provision that ensures prompt action.
What Washington Requires
Parents are entitled to one IEE at public expense each time the district conducts an evaluation with which they disagree (WAC 392-172A-05005(1)).
The district must respond within 15 days by either initiating due process to defend its evaluation or providing the IEE at public expense (WAC 392-172A-05005(2)).
IEE criteria must match district standards for examiner qualifications, location, and methodology; no additional conditions may be imposed (WAC 392-172A-05005(3)).
All IEEs meeting agency criteria must be considered in FAPE decisions and may be used as hearing evidence (WAC 392-172A-05005(5)).
The district must provide information about where IEEs can be obtained upon request (WAC 392-172A-05005(4)).
Administrative law judges may order IEEs at public expense as part of due process proceedings (WAC 392-172A-05005(6)).
Key Timelines
The district must initiate due process or begin the IEE process within 15 days of the parent's request (WAC 392-172A-05005(2)).
If the district agrees to the IEE, it must be provided without unnecessary delay (WAC 392-172A-05005(2)).
IEE results must be considered in FAPE decisions (WAC 392-172A-05005(5)).