Independent Educational Evaluation (IEE) in West Virginia
How do you get an independent educational evaluation (IEE) in West Virginia?
West Virginia parents have the right to obtain an Independent Educational Evaluation (IEE) at public expense if they disagree with the LEA's evaluation (W. Va. C.S.R. § 126-16-6.3.3; 34 CFR 300.502). After a parent requests an IEE, the LEA must either provide the IEE at public expense or initiate a due process hearing to demonstrate that its evaluation was appropriate. West Virginia does not specify a set timeframe within which the LEA must respond to an IEE request, but the response must be prompt and without unnecessary delay (34 CFR 300.502(b)). The LEA must provide to parents, upon request, information about where an IEE may be obtained. IEE criteria (agency and assessor qualifications, geographic area, cost) must be the same as the LEA's own evaluation criteria. The IEP team must consider the results of an IEE obtained at public or private expense in any decision regarding the student. A parent is entitled to only one IEE at public expense each time the LEA conducts an evaluation with which the parent disagrees (34 CFR 300.502(b)(5)).
What West Virginia Requires
Parents have the right to obtain an IEE at public expense if they disagree with the LEA's evaluation (W. Va. C.S.R. § 126-16-6.3.3; 34 CFR 300.502(b)(1)).
The LEA must either fund the IEE at public expense or initiate a due process hearing to defend the appropriateness of its evaluation; it may not delay or deny without taking one of these actions (34 CFR 300.502(b)(2)).
LEA must provide information about where IEEs may be obtained and the agency criteria (qualifications, geographic area, costs) upon parent request (34 CFR 300.502(a)(2)).
The IEP team must consider the results of an IEE obtained at public or private expense in any decision made regarding the provision of FAPE (34 CFR 300.502(c)(1)).
A parent is entitled to one IEE at public expense per LEA evaluation; if the parent requests a second IEE, the LEA is not required to fund it (34 CFR 300.502(b)(5)).
The LEA may ask the parent to explain why they disagree with the evaluation, but may not require an explanation and may not delay the IEE while awaiting the parent's response (34 CFR 300.502(b)(4)).
Key Timelines
The LEA must respond to an IEE request promptly and without unnecessary delay; if it intends to deny the request, it must initiate a due process hearing without undue delay (34 CFR 300.502(b)(2)).
If a due process hearing officer upholds the LEA's evaluation, the parent may still obtain an IEE but not at public expense (34 CFR 300.502(b)(3)).