• 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  



    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 

Last Modified on November 10, 2022