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Letter 3: Request for an Independent Educational Evaluation at Public Expense

When to Use It

Send this letter when you disagree with an evaluation the district has conducted - its conclusions, its scope, or its methods. Under 34 C.F.R. § 300.502, you have the right to request an independent educational evaluation (IEE) at public expense: an evaluation by a qualified examiner who does not work for the district, paid for by the district.

Be clear-eyed about what this right is. It is a right to request. Once you ask, the district has exactly two lawful choices: fund the IEE, or file its own due process complaint to prove its evaluation was appropriate - and it must pick one “without unnecessary delay” (34 C.F.R. § 300.502(b)(2)). It may not simply say no, and it may not sit on the request. But it may choose to defend its evaluation at a hearing, and if it wins, you do not get the IEE at public expense. The district may ask why you disagree, but it may not require an explanation or delay its choice while it waits for one (34 C.F.R. § 300.502(b)(4)).

Send it to: the director of special education.