Independent Educational Evaluation (IEE) in Wisconsin
How do you get an independent educational evaluation (IEE) in Wisconsin?
Wisconsin parents have the right to obtain an Independent Educational Evaluation (IEE) at public expense under Wis. Stat. § 115.792, which incorporates the federal IEE rights at 34 CFR 300.502. A parent who disagrees with the district's evaluation may request an IEE at district expense. The district must either: (1) provide the IEE without unnecessary delay, or (2) file for a due process hearing under Wis. Stat. § 115.80 to demonstrate that its own evaluation was appropriate. The district may ask but cannot require the parent to explain their objections. Any IEE, whether obtained at public or private expense, must be considered by the IEP team in all decisions about the student's education. Wisconsin does not have a separate state statute establishing additional IEE rights beyond the federal baseline; parents' IEE rights are anchored in Wis. Stat. § 115.792 and 34 CFR 300.502.
What Wisconsin Requires
Parents are entitled to one IEE at public expense each time they disagree with a district-conducted evaluation (Wis. Stat. § 115.792; 34 CFR 300.502(b)).
The district must either provide the IEE without unnecessary delay or file for due process to defend its evaluation (34 CFR 300.502(b)(2)).
The district may ask but cannot require the parent to explain their objections to the district evaluation (34 CFR 300.502(b)(4)).
Any IEE, including those obtained at private expense, must be considered by the IEP team in all decisions about the student's education and placement (34 CFR 300.502(c)).
The IEE must be conducted by a qualified evaluator who meets agency criteria for qualified examiners other than being employed by the district (34 CFR 300.502(a)(3)).
Key Timelines
If the district opts to challenge the IEE request, it must file for due process without unnecessary delay (34 CFR 300.502(b)(2)).
If the district agrees to provide the IEE, it must be provided without unnecessary delay (34 CFR 300.502(b)(2)).
The parent is entitled to only one IEE at public expense for each district-conducted evaluation they disagree with (34 CFR 300.502(b)(5)).