So you have reviewed the evaluation report and:
- Your child is not eligible for services and you believe that your child needs more specialized instruction than what a 504 plan or Response to Intervention services may provide;
OR - You do not agree with the results noted in the evaluation or re-evaluation report.
You have a right to disagree with the evaluation and follow the next steps in the process. See the procedural safeguards and Dispute Resolution process.
Ask to speak with the diagnostician, evaluation team and or school district about your concerns before the ARD/IEP meeting. Sometimes issues can be clarified for you to help you understand the results of the evaluation report and why or how decisions were made. After this meeting, you may realize the evaluation results are accurate.
If you still disagree, you have the right to request an independent education evaluation (IEE) at the ARD/IEP meeting.
Independent Education Evaluation (IEE)
A parent who disagrees with an evaluation by the school district may request an IEE at school district expense. IEEs are often used to get a second opinion on a diagnosis or lack thereof.
A parent is entitled to one IEE at the school’s expense each time the school conducts an evaluation.
When a parent requests an IEE at school district expense, the school must either pay for this evaluation or file a request for a due process hearing. The school does not have to pay for the IEE if a hearing officer determines that the school’s evaluation is appropriate or the parent’s requested IEE does not meet reasonable school district criteria.
An Independent education evaluation is done by a qualified examiner that does not work for the school. The school must inform the parent:
- Where to get the IEE, and;
- About the school districts criteria for Independent education evaluators. The school district must give the parent a copy of the school district’s criteria for IEEs.
- You may also get the IEE completed by a professional of your choice. Remember, the examiner must meet the qualification criteria set forth by the school district.
Be advised for the school to consider an IEE, the testing used by the independent evaluator must assess the student’s educational needs and not provide a medical diagnosis alone.
If the above options fail, write a letter of complaint to TEA, Request mediation or a due process hearing. For more information on the conflict resolution process – See Dispute Resolution.
SPEDTEX.org – Video on Independent Educational Evaluation
OSEP Letter – Independent Educational Evaluations (pdf)
