INDEPENDENT EDUCATIONAL EVALUATION (IEE) | Policy Manual

2460.03 - INDEPENDENT EDUCATIONAL EVALUATION (IEE)

An independent educational evaluation (IEE) is an evaluation conducted by a qualified examiner who is not an employee of this District. A parent has the right to an IEE at public expense if the parent disagrees with an evaluation that the District conducted. For purposes of this policy, "evaluation" means the procedures used to determine whether a child has a disability and the nature and extent of the special education and related services the child needs. In the event the District receives a parent request for an IEE, the District must either provide the IEE at District expense pursuant to this policy or request a due process hearing to show that its evaluation is appropriate. The IEE must meet District criteria for IEEs, which is the same criteria that the District uses when it conducts its own evaluations. If the District requests a due process hearing and the hearing officer determines that the District’s evaluation is appropriate, the parent still has the right to an IEE, but not at public expense. Parents may only request one (1) publicly funded IEE for each evaluation completed by the District.

Procedures to Obtain an IEE at Public Expense

The parent should submit to the District a written request for an IEE and should include in such request an explanation of their reasons for objecting to the evaluation obtained by the District. However, the District will not deny parents a publicly funded IEE because they fail to provide the District with such a written request or fail to provide reasons for requesting an IEE.
If a parent requests an IEE, the District will provide the following information:
1. A list of the names and addresses of IEE examiners located in the area. The list will consist of IEE examiners who, in the District’s judgment, are qualified to perform the evaluation requested by the parents. If a qualified examiner is not located in the area, the District will identify a qualified examiner elsewhere in the State of Wisconsin.
2. A description of the District’s criteria for selection of IEE examiners.
Minimum qualifications for IEE examiners. The District will not pay for an IEE unless the IEE complies with the following criteria or the parents can show unique circumstances that justify a publicly funded IEE that does not meet the criteria.
1. The prospective IEE examiner (the "examiner") must hold a valid license from the State of Wisconsin in the field related to the known or suspected disability. The examiner must have extensive training in the evaluation of the area(s) of concern and be able to interpret the instructional implications of the evaluation results. In instances where no "applicable license" exists, the evaluator must provide documentation of extensive and recent training and experience related to the known or suspected disability.
2. The examiner must be located within 50 and must conduct the evaluation within District boundaries.
3. The examiner may only charge fees for educational evaluation services that, in the sole judgment of the District, are reasonable.
4. The examiner must be permitted to directly communicate and share information with members of the IEP Team. The examiner must also agree to release the assessment and results, including parent and teacher surveys, prior to receipt of payment for services.
5. If the District evaluation included an observation of the child in one (1) or more educational settings, the IEE shall include at least one (1) observation in that setting. Evaluators shall make at least one (1) contact with the child’s general education teacher for the purpose of determining how the student is progressing in the general curriculum. In addition, evaluators are encouraged to make additional contacts with other involved general or special education teachers. If the purpose of the evaluation is to address a learning disability, an observation of the child is a required evaluation component.
6. The same criteria apply to both public and independent examiners.
The maximum allowable cost for an examiner will be the average cost per day or per hour for a similarly qualified staff member employed by the District during the current school year, as determined by the Director of Student Services (not to exceed $400.00). In the unusual event the examiner is one not typically employed by the District, such as a medical doctor, psychiatrist, clinical psychologist, or other similar professional, reimbursement of costs will be limited to reasonable and customary charges as determined by the District and its insurance carrier. The District shall not be responsible for reimbursement of travel costs or other related costs incurred by the parents in connection with their arrangement of, or their attendance at the IEE unless the parent can demonstrate that necessary services are not available in the community
If unique circumstances justify an IEE that exceeds the maximum allowable cost; the District must ensure the IEE is publicly funded. The District will review these circumstances on a case-by-case basis. If the total cost for an IEE exceeds the District's cost criteria and it is determined through appropriate procedures that there is no justification for excess cost, the cost of the IEE will be publicly funded up to the District's maximum allowable cost. If the District determines the cost exceeds the cost criteria, then the District must without unnecessary delay, initiate a due process hearing to demonstrate the cost did not meet appropriate agency criteria.

For more information, parents may request a copy of Bulletin 99.02 "Independent Educational Evaluations (IEEs)" from the District or from the Department of Public Instruction, Division of Learning Support: Equity and Advocacy.