Independent Educational Evaluations

General Requirements

Independent educational evaluation (IEE) means an evaluation conducted by a qualified examiner who is not employed by the public agency responsible for the education of the child in question. The parents of a child with a disability have the right under this part to obtain an independent educational evaluation of the child. Each public agency must provide to parents, upon request for an IEE, information about where an IEE may be obtained and the agency criteria applicable for IEEs. The results of the evaluation that meets agency criteria must be considered by the public agency in any decision made with respect to the provision of FAPE to the child and may be presented by any party as evidence at a hearing on a due process complaint regarding that child.

Parent's Right to Evaluation at Public Expense

A parent has the right to an IEE at public expense if the parent disagrees with an evaluation obtained by the public agency. If a parent requests an IEE at public expense, the public agency must, without unnecessary delay, either—

  • File a due process complaint to request a hearing to show that its evaluation is appropriate; or

  • Ensure that an IEE is provided at public expense unless the agency demonstrates in a due hearing pursuant that the evaluation obtained by the parent did not meet agency criteria.

If the public agency files a due process complaint notice to request a hearing and the final decision is that the agency's evaluation is appropriate, the parent still has the right to an IEE, but not at public expense.

If a parent requests an IEE, the public agency may ask for the parent's reason why they object to the public evaluation. However, the public agency may not require the parent to provide an explanation and may not unreasonably delay either providing the IEE at public expense or filing a due process complaint to request a due process hearing to defend the public evaluation.

Timeline for Responding to an IEE Request

A parent may be entitled to an IEE at public expense if,

The parent submits to the local school system a written request for an educational evaluation conducted by the local school system and the local school system:

  • Does not respond to the request within 30 days as required under subparagraph (ii) of this paragraph; or

  • Approves the request but the educational evaluation meeting does not occur, through no fault of the parent, within:

      • 60 days after the date on which the request was received by the local school system; or

      • If the State is under a state of emergency proclaimed by the Governor, 90 days after the date on which the request was received by the local school system.

  • The local school system shall provide a written response approving or denying a request within 30 days of the date the request was made.

If the local school system denies a request, the local school system shall file a due process complaint within 30 days of the date of the denial.

Parent-Initiated Evaluations

If the parent obtains an IEE at public expense or shares with the public agency an evaluation obtained at private expense, the results of the evaluation must be considered by MCPS, if it meets MCPS's criteria, in any decision made with respect to the provision of FAPE to the child and may be presented by any party as evidence at a hearing on a due process complaint under subpart E of this part regarding that child.

A parent/guardian is entitled to not more than one IEE at public expense each time MCPS conducts an evaluation with which the parent/guardian disagrees.

Requests for Evaluations by Hearing Officers

If a hearing officer requests an IEE as part of a hearing on a due process complaint, the cost of the evaluation must be at public expense.

Agency Criteria

On request, MCPS shall provide the parent with information about where an IEE may be obtained And MCPS's criteria applicable for IEEs. If an IEE is at public expense, the criteria under which the evaluation is obtained, including the location of the evaluation and the qualifications of the examiner, must be the same as the criteria that the public agency uses when it initiates an evaluation, to the extent those criteria are consistent with the parent's right to an IEE.

Except for the criteria above in this section, a public agency may not impose conditions or timelines related to obtaining an IEE at public expense.

Legal Authority

34 C.F.R. 300.502; Md. Educ. Art. 8-405(b)(4); COMAR 13A.05.01.14