Overview of IEE Rights
The right of families to obtain an Independent Educational Evaluation (IEE) at public expense is an important provision within the context of the Individuals with Disabilities Education Act (IDEA). IDEA is a crucial federal law that ensures children with disabilities have access to a free appropriate public education (FAPE) tailored to their individual needs. The law also outlines the rights of parents and guardians in the special education process.
Under IDEA, if a parent disagrees with the evaluation conducted by the school district, they have the right to request an IEE at public expense. An IEE is an evaluation conducted by a qualified professional who is not employed by the school district responsible for the education of the child. The purpose of an IEE is to provide an independent assessment of the child's educational needs, including their cognitive, academic, social, emotional, and behavioral functioning.
The right to an IEE at public expense is outlined in 34 CFR § 300.502 of IDEA's federal regulations. This provision states that if a parent requests an IEE, the school district must either fund the evaluation or initiate a due process hearing to demonstrate that its evaluation is appropriate. The school district must inform the parents about how to obtain an IEE at public expense if they disagree with the initial evaluation.
It's important to note that while parents have the right to request an IEE at public expense, the evaluation must still meet the criteria for independence and must be conducted by a qualified examiner who does not have a conflict of interest. Additionally, the findings and recommendations of the IEE must be considered by the school district in making decisions about the child's educational program.
By providing families with the opportunity to obtain an IEE at public expense, IDEA promotes transparency, fairness, and collaboration between parents and school districts. It underscores the importance of considering multiple perspectives when making decisions about a child's education and encourages the active involvement of parents in the special education process.
In summary, the right of families to obtain an Independent Educational Evaluation at public expense is a fundamental component of IDEA that underscores the importance of parental involvement and the need for comprehensive, unbiased assessments of children with disabilities. This provision reflects the broader principles of equity and inclusivity that underpin special education law, emphasizing the importance of ensuring that every child has access to the appropriate educational resources and support.
