Question:

Can My School Say "No" to My Request for an Independent Educational Evaluation (IEE)?

Answer:

Yes, your school may refuse to approve your request.

However, if your school refuses to approve your request, it must file for due process and provide you information about where an IEE may be obtained. It may not simply refuse and then take no other action, nor may it refuse to respond to your request.

What Documents and/or Regulations Support this Answer?

A parent has the right to an independent educational evaluation at public expense if the parent disagrees with the evaluation obtained their child’s school, subject to conditions listed below. (IDEA: Sec. 300.502)

If a school refuses a parent’s request, it must—without unnecessary delay—file a due process complaint to request a hearing to show that its evaluation is appropriate. A school can’t simply say “no” and then do nothing else. It must approve the IEE or defend its own evaluation. (IDEA: Sec. 300.502(b)(2)).

Whether the school says yes or no, upon request for an IEE, the school must provide information about where an IEE may be obtained, and the agency criteria applicable for independent educational evaluations. (IDEA: Sec. 300.502(a)(2)).