Securing an Independent Educational Evaluation (IEE) in Massachusetts
For parents of students with disabilities, navigating the special education process can sometimes feel overwhelming. One of the most important rights you have is the ability to request an Independent Educational Evaluation (IEE). An IEE is an evaluation conducted by a qualified professional who is not employed by the public school district responsible for your child’s education. This can provide an invaluable second opinion on your child's needs and the appropriateness of the proposed services.
But when exactly are you entitled to an IEE at public expense in Massachusetts? Understanding the rules is key to advocating effectively for your child.
The Right to an IEE at Public Expense
In Massachusetts, your right to an IEE is governed by both federal law (the Individuals with Disabilities Education Act, or IDEA) and state regulations (603 CMR 28.00). Generally, you have the right to an IEE at public expense when you disagree with an evaluation conducted or obtained by the public school district.
The Trigger: Disagreement with a School Evaluation
The most common and definitive trigger for an IEE is when you, the parent, disagree with an evaluation that the school district conducted or obtained regarding your child.
Here is the general sequence of events:
School Evaluation: The school district completes its own initial evaluation or a re-evaluation of your child.
Parental Disagreement: You review the school's evaluation report and disagree with the findings, the recommendations, or the method used.
Written Request: You must then make a request to the school district, preferably in writing, for an IEE at public expense.
Crucially, the school district has two options upon receiving your request:
Agree to Fund the IEE: The school district agrees to pay for the IEE and provides you with information about where to obtain an evaluation (including the district's criteria regarding the location and cost).
Initiate a Due Process Hearing: The school district believes its evaluation was appropriate. In this case, the district must initiate a due process hearing without unnecessary delay to show that its evaluation is appropriate. If the hearing officer finds the school's evaluation to be appropriate, you still have the right to an IEE, but not at public expense. If the hearing officer finds the school's evaluation inappropriate, the IEE must be provided at public expense.
Additional Circumstances for IEE Consideration
While disagreement is the primary driver, other scenarios may impact the conversation around an IEE:
Failure to Conduct Timely Evaluation: If the district fails to complete a required initial evaluation or a three-year re-evaluation within the required timelines, this may necessitate an external evaluation, although this is usually addressed through other compensatory means.
IEP Team Recommendation: In some cases, the Individualized Education Program (IEP) Team itself may recommend or agree that an IEE is necessary to gather more comprehensive information.
Independent Evaluation at Private Expense: If you choose to obtain an IEE at your own expense, the school district must still consider the results of that evaluation when developing the IEP for your child, provided the evaluation meets the district’s criteria.
To explore more articles in this series, see our posts about the IEP meeting process, the IEP meeting checklist, parents rights and resources, and our guide for understanding the difference between IEPs and 504s when addressing disabilities in the school environment.
Frequently Asked Questions (FAQ)
Does the school district have to pay for any evaluator I choose?
In Massachusetts, the school district must pay for an Independent Educational Evaluation (IEE) if you disagree with their evaluation, provided the evaluator meets the district's reasonable, established criteria regarding location and qualifications. You are not limited to the district's preferred list. However, the evaluator must accept the state rates or come to a fee agreement with the district.
How quickly must I request an IEE after the school's evaluation?
In Massachusetts, you have 16 months to request a publicly funded Independent Educational Evaluation (IEE) after the school district’s evaluation. The district must then respond to your written request within 5 school days
If I pay for the IEE myself, does the school have to consider it?
Yes. If you obtain an independent evaluation at private expense, the school district must consider the results of that evaluation in any decision made with respect to the provision of a free appropriate public education (FAPE) to your child.
What should I include in my written request for an IEE?
Your request should be concise and clearly state that you are requesting an Independent Educational Evaluation at public expense because you disagree with the school district's recent evaluation of your child (mention the date and type of the evaluation you disagree with). Keep a copy for your records and date it.
Resources
For more detailed guidance specific to Massachusetts, consult these authoritative resources:
Massachusetts Department of Elementary and Secondary Education (DESE) Special Education: This is the primary resource for state-specific regulations and guidance.
Search for "Independent Educational Evaluation" or "603 CMR 28.04"
603 CMR 28.04(5): Independent Educational Evaluation (IEE): This is the direct text of the state regulation detailing IEE rights and procedures.
Federation for Children with Special Needs (FCSN): A Massachusetts-based organization offering training and support to parents. They often have helpful guides on IEE procedures.
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