Independent Educational Evaluation (IEE) in Wyoming

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

Wyoming parents have the right to obtain an independent educational evaluation (IEE) at public expense if they disagree with the school district's evaluation of their child (WY Rules Ch. 7 § 6(f); 34 CFR 300.502). The district must either fund the IEE or file a due process complaint requesting a hearing to show that its evaluation was appropriate. Wyoming parents are entitled to only one IEE at public expense per district evaluation. The IEE must be conducted by a qualified examiner who is not employed by the district. The district must provide parents with information about where they may obtain an IEE upon request. Evaluation criteria for IEEs must conform to the same criteria used by the district, including qualifications of the examiner and location, unless the parent demonstrates otherwise. The IEP team must consider the IEE results if they meet agency criteria.

What Wyoming Requires

Parents have the right to an IEE at public expense if they disagree with the school district's evaluation (WY Rules Ch. 7 § 6(f); 34 CFR 300.502(b)(1)).

Upon parental request for an IEE at public expense, the district must either fund it or file for due process to show its evaluation was appropriate — without undue delay (WY Rules Ch. 7 § 6(f); 34 CFR 300.502(b)(2)).

Wyoming parents are entitled to one IEE at public expense per district evaluation (34 CFR 300.502(b)(5)).

The IEE must be conducted by a qualified examiner who is not an employee of the district (WY Rules Ch. 7 § 6(f); 34 CFR 300.502(a)(3)(i)).

The district must provide parents with information about where an IEE may be obtained when parents request this information (34 CFR 300.502(a)(2)).

If the IEE meets agency criteria, the IEP team must consider the IEE results as part of any eligibility or IEP determination (WY Rules Ch. 7 § 6(f); 34 CFR 300.502(c)).

Key Timelines

District must respond to parent's request for IEE at public expense without undue delay — either funding the IEE or filing for due process (WY Rules Ch. 7 § 6(f); 34 CFR 300.502(b)(2)).

There is no specified maximum waiting period for an IEE, but 'without undue delay' is interpreted as a prompt response (typically within days) (34 CFR 300.502(b)(2)).

Sources

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