by Stephanie Mendivil, ACDL Legal Intern (Summer 2019)

Yesterday we discussed what an independent educational evaluation (IEE) is. Today we will go over how and when to request an IEE.

Here are some common scenarios in which requesting an IEE can be helpful:

• The school’s evaluation did not find your child should qualify for special education, but you disagree.
• You don’t think the disability category your child has been labeled with is correct.
• On re-evaluation, the school decided that your child, who had previously been receiving special education services, is no longer entitled to those services.
• The school’s original evaluation was not conducted in your child’s native language.
• The school’s original evaluation was not conducted with the needed accommodations (for example, by someone who knows American Sign Language or in Braille).

If you disagree with an evaluation of your child conducted by the school, submit a written request for an IEE at public expense to the special education director of your child’s school district or charter network. Be sure to specify what area of functioning needs to be evaluated (e.g., psychoeducational, behavioral, reading and writing, speech and language, OT, etc.). You may include more than one functional area. If possible, state why you are requesting the IEE (for example, you disagree with the eligibility determination, or you believe your child’s needs and strengths were not properly identified).

You can find more information about IEEs in ACDL’s special education self-advocacy guide, as well as a sample letter requesting an IEE at public expense on ACDL’s website.

Tomorrow’s Tip-of-the-Day: Facilitated IEP

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