By: Mattelin McReynolds, Advocate
When a School Evaluation Does Not Tell the Whole Story
When your child is evaluated for special education services, you expect the evaluation to provide a clear understanding of their strengths, challenges, and educational needs. These evaluations play an important role in determining eligibility, identifying areas where additional support may be needed, and developing an appropriate Individualized Education Program (IEP).
However, there are times when parents receive an evaluation report that doesn't seem to fully reflect their child's needs. Maybe the testing was incomplete, the results were inconsistent, or certain areas of concern, such as executive functioning, communication, or sensory needs, weren't thoroughly evaluated. Sometimes, the report may include test scores but fail to explain how those results relate to the challenges a child experiences in the classroom.
Under IDEA's evaluation procedures in 34 CFR § 300.304, school districts must use a variety of functional, developmental, and academic information and assess children in all areas related to their suspected disabilities.
When parents believe an evaluation does not fully address their child's needs, they may be unsure of what their options are or whether they have to accept the school's findings. Fortunately, under the Individuals with Disabilities Education Act (IDEA), parents have the right to disagree with a school district's evaluation and may request an Independent Educational Evaluation (IEE) at public expense.
What Is an Independent Educational Evaluation (IEE)?
An Independent Educational Evaluation, commonly referred to as an IEE, is an evaluation completed by a qualified professional who is not employed by the school district responsible for your child's education.
The purpose of an IEE is to provide an independent perspective on your child's strengths, areas of difficulty, and educational needs. This additional information can be valuable when determining whether a child requires special education services, identifying appropriate supports, or making decisions about their educational programming.
Depending on your child's individual needs and the areas of disagreement with the school's evaluation, an IEE may include assessments in areas such as cognitive functioning, academic achievement, speech and language, occupational therapy, executive functioning, or other suspected areas of disability.
It's important to remember that the goal of an evaluation is not simply to identify a diagnosis or determine whether a child qualifies for an IEP. Evaluations should provide meaningful information about how a child learns, the difficulties they may be experiencing, and what supports or services may be necessary for them to make appropriate educational progress.
When Can Parents Request an IEE at Public Expense?
Under IDEA, specifically 34 CFR § 300.502, parents have the right to request an IEE at public expense when they disagree with an evaluation conducted by their child's school district.
This means that if you believe the district's evaluation did not adequately assess your child's needs or accurately reflect their abilities, you can request an independent evaluation at the district's expense, subject to the requirements outlined in IDEA.
There are many reasons a parent may disagree with an evaluation, and these concerns can look different for every child. For example, you may feel that the evaluation did not thoroughly assess all suspected areas of disability, that the testing results were not an accurate representation of your child's abilities, or that the report did not provide enough information to develop appropriate educational programming.
Parents may also have concerns when the evaluation findings don't align with what they are seeing at home or what teachers are reporting in the classroom. A child may perform adequately on a standardized assessment but continue to experience significant difficulties with memory, attention, emotional regulation, or completing classroom assignments independently.
These are all important concerns that deserve consideration when reviewing an evaluation.
While parents may choose to explain why they disagree with the district's evaluation, IDEA does not require them to provide a detailed explanation as a condition of requesting an IEE. Additionally, parents are generally entitled to one IEE at public expense for each district evaluation with which they disagree.
How Do Parents Request an IEE?
If you disagree with your child's evaluation, I typically recommend submitting your request in writing so there is clear documentation of what you are requesting and when the request was made.
Your email should identify the evaluation you disagree with and clearly state that you are requesting an Independent Educational Evaluation at public expense. You can also identify the specific evaluation areas you are requesting, such as a comprehensive neuropsychological evaluation or an occupational therapy evaluation, depending on your child's needs and the assessments completed by the district.
Although you are not required to explain your disagreement, including a brief description of your concerns can sometimes be helpful. For example, you might explain that the evaluation did not comprehensively assess your child's executive functioning difficulties or that the assessment results did not provide an accurate understanding of their cognitive abilities.
I also recommend requesting a copy of the district's IEE criteria and information regarding how to obtain an independent evaluation.
Your request does not need to be lengthy or overly complicated. The most important thing is that you clearly communicate your disagreement with the district's evaluation and your request for an IEE at public expense.
What Happens After You Request an IEE?
Once a parent requests an IEE at public expense, the school district has two options under IDEA. The district must, without unnecessary delay, either agree to provide the IEE at public expense or file a due process complaint to demonstrate that its evaluation was appropriate.
While the district can ask parents to explain why they disagree with the evaluation, it cannot require an explanation or use that request to unnecessarily delay its response.
It's also important to understand that IDEA does not establish one specific federal timeline defining how many days a district has to respond to an IEE request. Instead, the regulation requires the district to act without unnecessary delay.
If the district agrees to fund the IEE, it may provide information about qualified evaluators and applicable criteria. These criteria must be consistent with IDEA and cannot be used to improperly restrict a parent's right to an independent evaluation.
If the district chooses to file for due process and a hearing officer determines that the district's evaluation was appropriate, parents still have the option to obtain an independent evaluation, but the district would not be required to fund it under that request.
What Happens After the Independent Evaluation Is Completed?
Once the independent evaluation is completed, the information can be shared with the IEP team to help guide decisions regarding your child's educational needs.
Under IDEA, the district must consider the results of an IEE obtained at public expense, provided it meets the agency's criteria, when making decisions regarding your child's free appropriate public education (FAPE).
However, it's important to understand that considering an evaluation does not necessarily mean the district must agree with or implement every recommendation made by the independent evaluator.
I encourage parents to request an IEP meeting to review the findings, discuss any newly identified areas of need, and determine whether changes to the child's IEP, services, goals, or accommodations may be appropriate.
During this discussion, parents can ask how the independent findings compare with the district's evaluation, whether additional areas of need have been identified, and how the team plans to address those needs moving forward.
The goal should always be to ensure that the team has a comprehensive understanding of the child and is using the available information to develop an appropriate educational plan.
What Should Parents Keep in Mind?
One of the most important things I encourage families to remember is that an evaluation should do more than provide a collection of test scores. It should help the team understand how your child functions in the educational environment and identify the supports necessary for them to be successful.
If you are reviewing an evaluation and feel that something is missing, take the time to document your concerns. Consider whether all suspected areas of disability were assessed, whether the results accurately reflect your child's abilities, and whether the recommendations address the difficulties your child experiences throughout the school day.
It can also be helpful to identify specific examples of the challenges you are seeing. This might include difficulty recalling previously learned information, needing frequent adult prompting to complete assignments, struggling with transitions, or experiencing sensory difficulties that interfere with classroom participation.
Having these examples available can help you communicate your concerns and keep the discussion focused on your child's individual educational needs.
How a Skilled Advocate Can Help
Navigating special education evaluations can feel overwhelming, especially when you are concerned that your child's needs have not been fully identified or addressed. Parents should feel comfortable asking questions, requesting clarification, and expressing disagreement when they believe an evaluation does not accurately reflect their child's needs.
At Education Advocates of America, we work with families to review evaluations, identify areas of concern, and help parents better understand their rights under IDEA. Our goal is to help families advocate for comprehensive evaluations and appropriate educational programming that reflects their child's individual strengths and needs.
If you have concerns about your child's school evaluation or are considering requesting an Independent Educational Evaluation, our team is here to help you navigate the process and determine appropriate next steps.
Every child deserves an educational plan that is built around a thorough understanding of their individual needs, and parents play an essential role in making sure those needs are recognized and addressed.
