The right, the two things the school must choose between, the one-per-evaluation limit, and what the school may and may not ask of you.
If you disagree with an evaluation the school district did of your child, you have the right under IDEA to an independent educational evaluation - an IEE - and the school must either pay for it or take you to a due process hearing to defend its own evaluation. It can't simply say no.
All facts below are from 34 CFR 300.502 (IDEA Part B regulations).
The regulation defines both terms directly. "Independent educational evaluation means an evaluation conducted by a qualified examiner who is not employed by the public agency responsible for the education of the child in question" (34 CFR 300.502(a)(3)(i)). "Public expense means that the public agency either pays for the full cost of the evaluation or ensures that the evaluation is otherwise provided at no cost to the parent" (34 CFR 300.502(a)(3)(ii)).
When a parent asks for an IEE, the public agency must give the parent information about where an IEE may be obtained and about the agency's own criteria for IEEs (34 CFR 300.502(a)(2)).
A parent has the right to an IEE at public expense if the parent disagrees with an evaluation obtained by the public agency (34 CFR 300.502(b)(1)).
If a parent requests an IEE at public expense, the public agency must, without unnecessary delay, either:
(34 CFR 300.502(b)(2))
If the agency goes to a hearing and the final decision is that its evaluation is appropriate, the parent still has the right to an IEE - just not at public expense (34 CFR 300.502(b)(3)).
The agency may ask for the parent's reason for objecting to its evaluation, but it may not require the parent to provide an explanation, and it may not unreasonably delay either providing the IEE or filing its due process complaint (34 CFR 300.502(b)(4)).
A parent is entitled to only one IEE at public expense each time the public agency conducts an evaluation with which the parent disagrees (34 CFR 300.502(b)(5)).
If the parent obtains an IEE at public expense, or shares an evaluation obtained at private expense, the results must be considered by the public agency, if the evaluation meets the agency's criteria, in any decision about the provision of a free appropriate public education (FAPE) to the child (34 CFR 300.502(c)(1)).
The results may also be presented by any party as evidence at a due process hearing about that child (34 CFR 300.502(c)(2)).
If a hearing officer requests an IEE as part of a due process hearing, the cost of that evaluation must be at public expense (34 CFR 300.502(d)).
The criteria for a publicly funded IEE - including the location of the evaluation and the qualifications of the examiner - must be the same criteria the public agency uses when it initiates an evaluation of its own, to the extent those criteria are consistent with the parent's right to an IEE (34 CFR 300.502(e)(1)).
"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" (34 CFR 300.502(e)(2)).
State rules can add procedures on top of what IDEA requires - check your state's own rules. The federal regulation doesn't name a dollar cap on the cost of an IEE, and it doesn't set a deadline for the school's response beyond "without unnecessary delay." This page also doesn't tell you whether a particular evaluation was, in fact, appropriate - that's a judgment for the people handling your child's case. Talk to your state's parent training and information center or an education attorney for help with your specific situation.
Can I get an independent evaluation of my child paid for by the school?
Yes, if you disagree with an evaluation the school district conducted. Under 34 CFR 300.502(b), you have the right to an independent educational evaluation at public expense, and the district must either provide it or file a due process complaint to defend its own evaluation, without unnecessary delay.
Does the school have to agree, or can it refuse?
It can't simply refuse. The regulation gives the district two options: pay for the IEE, or request a due process hearing to show its evaluation was appropriate. If a hearing officer finds the district's evaluation appropriate, you may still get an IEE, but not at public expense.
Do I have to tell the school why I disagree?
No. The district may ask for your reason, but 34 CFR 300.502(b)(4) says it may not require you to explain and may not unreasonably delay either providing the IEE or filing its complaint.
How many IEEs at public expense can I get?
One for each evaluation the district conducts that you disagree with, per 34 CFR 300.502(b)(5).
Does the school have to use the results?
If the IEE meets the district's criteria, the results must be considered in any decision about your child's free appropriate public education, and either side may present them as evidence at a due process hearing, per 34 CFR 300.502(c).
Facts on this page were checked against the primary sources named above on September 2, 2026. Regulations change. If the source and this page ever disagree, the source wins - and tell us, so we fix the page.
General educational information - not legal, medical or clinical advice, and not a substitute for reading the regulation or the board's own pages. Special Learning is an education company, not a law firm and not a credentialing body.
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