I Requested An IEE: What Happens Next
Your Independent Educational Evaluation (IEE) has been requested by following the steps we discussed in Part 3 of this blog series: Requesting an IEE, so what happens next?
The school district has two options: They can grant or deny your request.
GRANT your request
Congratulations! You may now select who completes your evaluation. Your district may provide you with a list of names. However, definately remember that YOU select who completes your child’s evaluation. The person you choose needs to meet your school district’s qualifications. This often includes having an office within a certain radius of the school district. In our area, this is generally a 75-mile radius. If you do not know your district’s guidelines, just ask! In the hope that your school is within a 75-miles of Woodland Hills or Bakersfield, California, please consider our agency. You can learn more about our comprehensive testing services on our main website.
DENY your request
If a request is denied, then the school district must schedule a Special Education Hearing (proceed to due process) to defend their decision. Should this happen, we recommend speaking with a special education attorney. The hearing officer will then make one of two decisions.
- They can GRANT your request for the district to pay for your Independent Educational Evaluation.
- They can DENY your request. If denied, you are still able to get an IEE that the district will need to consider. However, the IEE will be at your expense.
What is my school district denies my request AND fails to file for a due process hearing? In the event that this happens, we suggest bringing your awareness of the violation to the district’s attention. This should be done in writing, and remember to get proof that your letter was received. Also, you may choose to include that the district reconsider your IEE request. Below is a sample letter that may help give you some ideas on what to write.
If you experience difficulty at any point along the way, or feel like you need additional support from someone more educated on this process, we suggest contacting an educational advocate or an attorney that specializes in education or special needs.
This is the last post in a 4-part series. If you are seeking additional information on the evaluation for special education process, you may find it helpful to review one or more of our previous posts in this series:
- What is an IEP and Does My Child Need One?
- Evaluation for Special Education
- Requesting an IEE: Independent Educational Evaluation
SAMPLE LETTER RESPONSE
Should the district deny your request….
Full Name
Director of Special Education
Name of School District
Address
City, State, Zip
Re: District’s Response to Independent Educational Evaluation Request for Child’s Name, age (DOB), grade
Date
Dear (Mr., Mrs., or Dr.) Last Name:
We received your denial letter, dated [ENTER DATE], to our formal request for an Independent Educational Evaluation (IEE) at public expense of our son/daughter, CHILD’s NAME, dated [ENTER DATE].
Per state and federal law, it is our understanding that your denial is only permissible, provided you file for a due process hearing to demonstrate the appropriateness of your evaluation.
Your failure to pay for an IEE and neglect to file for due process has deprived [child’s name] of a free appropriate public education (FAPE), because we have been unable to meaningfully participate in educational decisions without having access to an appropriate and comprehensive IEE.
We are requesting that you reconsider your denial and agree to fund an IEE at public expense, as we would like to avoid taking legal action.
Respectfully,
Mike and Carol Brady
cc: NAME, School Principal, Name of School (Do not just put this, remember to send them a copy)
