If you disagree with the school's evaluation of your child, you may be entitled to an Independent Educational Evaluation at the district's expense. Here's exactly how the process works in Texas.

What Is an IEE?

An Independent Educational Evaluation (IEE) is an evaluation conducted by a qualified professional who does not work for the school district. Under IDEA (34 CFR § 300.502), parents have the right to request an IEE at public expense — meaning the district pays for it — any time they disagree with an evaluation the school has conducted.

When Can You Request an IEE?

You can request an IEE whenever you disagree with the district's evaluation. Common reasons include:

  • You believe the evaluation missed areas of concern (e.g., they tested academics but not social-emotional functioning)
  • You believe the evaluation was not comprehensive enough
  • You believe the evaluator lacked expertise in your child's suspected disability
  • The evaluation results don't match what you see at home or what private professionals have observed
  • The school found your child ineligible and you disagree with that determination

How to Request an IEE

Submit your request in writing to the Special Education Director or the campus principal. You do not need to explain why you disagree — simply state that you are requesting an IEE at public expense because you disagree with the district's evaluation.

Sample language: "I am writing to request an Independent Educational Evaluation (IEE) at public expense for my child [Name], DOB [Date], currently enrolled at [School]. I disagree with the Full Individual Evaluation (FIE) completed by the district on [Date]. Please provide me with the district's IEE criteria and a list of approved evaluators."

What the District Must Do

When you request an IEE at public expense, the district has only two options under IDEA:

  1. Fund the IEE — pay for an independent evaluator who meets the district's criteria
  2. File for due process — go to a hearing to prove that their evaluation was appropriate

The district cannot simply deny your request. They cannot ignore it. They cannot ask you to wait. They must take one of these two actions "without unnecessary delay."

Important: The district may provide you with a list of approved evaluators or criteria that the independent evaluator must meet (comparable qualifications, geographic proximity, etc.). However, they cannot unreasonably limit your choice of evaluator. If you have a specific evaluator in mind who meets the criteria, the district should approve them.

What Happens with the IEE Results?

Once the independent evaluation is complete, the ARD committee must consider the results when making decisions about your child's eligibility, services, and placement. "Consider" means they must review and discuss the findings — they are not required to adopt every recommendation, but they cannot ignore the evaluation.

If the IEE identifies needs or disabilities that the school's evaluation missed, this gives you strong grounds to request additional services, new IEP goals, or a change in placement.

Paying for an IEE Yourself

You always have the right to obtain a private evaluation at your own expense. If you choose this route, the ARD committee must still consider the results. However, paying out of pocket means you don't have to follow the district's criteria for evaluator selection, which gives you more flexibility in choosing a specialist.

Key Points to Remember

  • You are entitled to one IEE at public expense per district evaluation you disagree with
  • The district must respond without unnecessary delay
  • You do not need to explain your reasons for disagreeing
  • The IEE evaluator must meet the district's criteria (but those criteria must be reasonable)
  • The ARD committee must consider the IEE results

Know Your Rights

Download our free Parent Rights Guide for a complete overview of your protections under IDEA and Texas law.

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