§ 300.502 Independent educational evaluation.

Plain English summary

This section establishes parents' rights to obtain an independent educational evaluation (IEE) of their child with a disability. Parents may request an IEE at public expense if they disagree with the public agency's evaluation, triggering the agency's obligation to either fund the IEE or file a due process complaint without unnecessary delay. Results of any IEE must be considered by the public agency in FAPE decisions and may be used as evidence in due process hearings.

Key requirements

• The parents of a child with a disability have the right under this part to obtain an independent educational evaluation of the child, subject to paragraphs (b) through (e) of this section.
• Each public agency must provide to parents, upon request for an independent educational evaluation, information about where an independent educational evaluation may be obtained, and the agency criteria applicable for independent educational evaluations.
• A parent has the right to an independent educational evaluation at public expense if the parent disagrees with an evaluation obtained by the public agency.
• If a parent requests an independent educational evaluation 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 independent educational evaluation is provided at public expense.
• The public agency may not require the parent to provide an explanation and may not unreasonably delay either providing the independent educational evaluation at public expense or filing a due process complaint.
• A parent is entitled to only one independent educational evaluation at public expense each time the public agency conducts an evaluation with which the parent disagrees.
• If the parent obtains an independent educational evaluation at public expense or shares with the public agency an evaluation obtained at private expense, the results of the evaluation must be considered by the public agency, if it meets agency criteria, in any decision made with respect to the provision of FAPE to the child.
• If a hearing officer requests an independent educational evaluation as part of a hearing on a due process complaint, the cost of the evaluation must be at public expense.
• If an independent educational evaluation 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.
• Except for the criteria described in paragraph (e)(1) of this section, a public agency may not impose conditions or timelines related to obtaining an independent educational evaluation at public expense.

Affected parties

• parents of children with disabilities
• public agencies
• hearing officers
• qualified examiners conducting independent evaluations

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.502