Independent Educational Evaluations

Per 34 CFR § 300.502, parents have a right to obtain an independent educational evaluation (IEE) of their child if they disagree with a CMCSS evaluation.

If the parent requests an IEE, CMCSS must provide information regarding where and how they may obtain an IEE, unless CMCSS opts to take the parent to due process asserting the evaluation was appropriate. The school team receiving the request for the IEE should email the request to the Director and Coordinator of Special Populations. A letter will be sent to the parent and the IEE request will be logged.

Independent Education Evaluations (IEEs)

According to state and federal special education laws, parents/guardians have the right to an independent educational evaluation of their child at public expense if they disagree with the district conducted evaluation of their child. The Clarksville-Montgomery County School System (CMCSS) has established the following procedure for obtaining an Independent Educational Evaluation (IEE) and criteria for the selection of an appropriate evaluator.  

Definitions: 

An Independent Educational Evaluation (IEE) is an evaluation conducted by a qualified examiner who is not employed by the Clarksville-Montgomery County School System, which is the public agency responsible for the education of the child.  

An evaluation means the formal testing and/or assessment procedures used to determine whether a child has a disability and the nature and extent of the special education and related services the child needs.  

Public expense means the district either pays for the full cost of the evaluation or ensures the evaluation is otherwise provided at no cost to the parents/guardians.  

Procedure: 

Upon receipt of a request for an IEE by a parent/guardian, the school district will either: (a) initiate due process to show that the district's evaluation of the child was appropriate; or (b) provide an IEE at the public's expense. If the school district requests a hearing through the due process procedure and the final decision is that the district’s evaluation of the child is appropriate, the parent/guardian still has the right to an independent educational evaluation, but not at the public expense.  

If the district decides to grant the IEE, they will provide names, addresses, and phone numbers of potential IEE evaluators who meet the criteria as set forth below. The list will identify those evaluators who, in the district’s judgment, are qualified to perform the evaluation requested by the parents. Parents may also select evaluators not included on the district’s list, provided they fully satisfy all of the criteria set forth below.  Parents will be expected to contact the evaluator they have selected to conduct the IEE in a timely manner and schedule any necessary appointments.    

Criteria for Outside Evaluators: (Independent Evaluators and Outside Evaluators approved by the Clarksville Montgomery County School System).

Evaluators chosen to conduct independent evaluations must meet all of the district established criteria listed below:  

A. Minimum Credentials for Psychologists:

1. Hold a TN License

2. Have training and experience in evaluating students of the same-age level.

3. Have clinical background, advanced training, and recent experience in the areas of the disability being evaluated.

4. Be able to schedule an evaluation in a timely manner and produce a written report within 45 school days of the evaluation, subject to any contractual arrangement with the district or unusual circumstances which justify an extension of this timeline.

For individuals conducting academic achievement testing, the individual must either:  

1. Fulfill the following requirements:

(a) Hold an appropriate and valid special education or other academic specialization (such as reading or mathematics) certificate from the Department of Education; and

(b) Have experience in teaching and evaluating students in the area of suspected disability, or

2.       Fulfill the requirements of the psychologist above.

Minimum Credentials for Speech Pathologists, Audiologists, Occupational Therapists, Physical Therapists and Physicians:  

1. Hold a valid TN Health Board license to practice.

2. Have experience in evaluating and treating children in the area of disability being evaluated.

3. In the case of physicians, be Board Certified in the appropriate specialty area (pediatrics, care of children and adolescents, etc.)

B. Cost: Evaluators must charge fees for evaluation services which, in the judgment of the school district, are reasonable and customary for such evaluations.

C. The evaluator must not be an employee of the school district.

D. The evaluator must be permitted to directly communicate with school staff who work with the child in school to obtain information from the school and share information with the school.

E. If applicable, the evaluator should include information related to the child’s performance in the school setting within the written report.

F. The evaluator must agree to provide the assessment information and results, including the results of any relevant teacher and parent checklists and surveys, in a written report to the district prior to receipt of payment for services. The evaluator will be expected to produce his/her written report within forty-five (45) school days of the evaluation, subject to any contractual arrangement with the district or unusual circumstances which justify an extension of this timeline.

G. The evaluator must comply with all guidelines required under the Individuals with Disabilities Education Act (IDEA) and the Tennessee State Department of Education regulations regarding the evaluation of children with disabilities. The evaluator must also comply with all applicable confidentiality requirements under state and federal law.

Location Limitations for Evaluator

Evaluators who will be considered for approval must be located within a 25 mile radius.  Evaluators outside of this geographic area will be approved only on an exceptional basis, provided that the parent can demonstrate the necessity of using personnel outside of this geographic area. The district shall not be responsible to provide transportation, nor pay any travel expenses, to and from the location of the evaluator. In the case of low incidence or severe disabilities where qualified evaluators may not exist in the geographic area, this requirement may be reconsidered by the district.  

Outside Evaluations 

Evaluations and/or assessment obtained by parents/guardians which do not meet the criteria for an IEE are considered outside evaluations for which parents/guardians are not entitled to reimbursement or payment from a public school district. Nonetheless, if a parent/guardian decides to unilaterally obtain an outside evaluation and to share the results of such evaluation with the district, the school district will meaningfully consider the evaluation results and its potential impact on the students education at a Student Support Team or IEP meeting, as appropriate. It should be noted that although school teams must give outside evaluations meaningful consideration, they are not required to accept the results. 

Please contact the Department of Special Populations at (931) 553-1165 with any questions regarding the criteria for independent educational evaluations.