Special Education
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"Alternate Means" Assessment Guidelines
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Assessment, Identification and Instructional Planning for Students With Emotional Disturbance
Best Practices in Special Education Evaluation
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Independent Educational Evaluation (IEE) Guidelines
Review of Existing Data/Eligibility Evaluation Assessment Guidance
Title 34 CFR Section 300.502
The parent(s) of a child with a disability have the right to obtain an independent educational evaluation
of the child. Each public agency shall provide to parent(s), upon request for an independent
educational evaluation, information about where an independent educational evaluation may be
obtained, and the agency criteria applicable for independent educational evaluations.
For the purposes of this part, independent educational evaluation means an evaluation conducted by a
qualified examiner who is not employed by the public agency responsible for the education of the child
in question; and public expense means that the public agency either pays for the full cost of the
evaluation or ensures that the evaluation is otherwise provided at no cost to the parent.
A parent has the right to an independent educational evaluation at public expense if the parent
disagrees with an evaluation obtained by the public agency. If a parent requests an independent
educational evaluation at public expense, the public agency must, without unnecessary delay, either
initiate a hearing to show that its evaluation is appropriate; or ensure that an independent educational
evaluation is provided at public expense, unless the agency demonstrates in a hearing that the
evaluation obtained by the parent did not meet agency criteria. If the public agency initiates a hearing
and the final decision is that the agency's evaluation is appropriate, the parent still has the right to an
independent educational evaluation, but not at public expense. If a Hearing Officer requests an
independent educational evaluation as part of a hearing, the cost of the evaluation must be at public
expense.
If a parent requests an independent educational evaluation, the public agency may ask for the parent's
reason why he or she objects to the public evaluation. However, the explanation by the parent may not
be required and the public agency may not unreasonably delay either providing the independent
educational evaluation at public expense or initiating a due process hearing to defend the public
agency’s evaluation. If the parent obtains an independent educational evaluation at private expense,
the results of the evaluation must be considered by the public agency, in any decision made with
respect to the provision of FAPE to the child; and may be presented as evidence at a hearing regarding
that child. If an independent educational evaluation is at public expense, the criteria under which the
evaluation is obtained, including the location of the evaluation and the qualifications of the examiner,
must be the same as the criteria that the public agency uses when it initiates an evaluation, to the
extent those criteria are consistent with the parent’s right to an independent educational evaluation. A
public agency may not impose conditions or timelines related to obtaining an independent educational
evaluation at public expense. (34 CFR §300.502 (a-e))
A list of qualified evaluators meeting Federal and State criteria to administer Independent Educational
Assessments is available upon request from the SELPA. If you have further questions regarding
Independent Educational Evaluations, you can contact the SELPA at (951) 490-0375