Tips to Equip Video #3: What is an IEE? (Part 3)

Oct 11, 2023 | Articles, Videos



In part three of the IEP Tips to Equip Series on the IEE, we will discuss the mechanics of choosing an IEE assessor, and the district’s obligation to consider the information provided by the IEE assessor to the IEP team.

If the district grants the parent’s request for an IEE at public expense, the parent will find an assessor, participate in the assessment process, and help coordinate the IEP meeting to consider the IEE assessor’s results. A parent should receive a list of potential IEE assessors from the district, as well as their IEE policy and procedures regarding the IEE process. The district can impose reasonable restrictions on obtaining the IEE. For example, there may be
certain qualifications that the IEE assessor must possess in order to conduct a specific type of IEE, or even a maximum cost cap of the IEE assessor. However, the district criteria must be reasonable and consistent with a parent’s right to obtain an IEE at public expense. And a parent can choose an IEE assessor regardless of whether that assessor is listed on the district’s IEE assessor list, as long as that assessor meets the reasonable agency criteria of the district.
When a parent contacts a potential IEE assessor, they should find out whether the assessor meets the reasonable agency criteria of the school district. The parent should find out the IEE assessor’s qualifications and cost. And a parent should find out how long the IEE assessment process might take, start to finish.
The parent is responsible for ensuring that the IEE assessment is completed and brought forth to the IEP team.

Quick tip number Three.
The district must always consider the results of the IEE assessment, whether the IEE was privately funded by the parent, or funded by the district at public expense. Now the law doesn’t define the term “consider.” But certainly the term includes the parent’s opportunity to present the IEE findings to the IEP team, as well as the IEP team’s obligation to consider and discuss the IEE results. And the IEE assessment should always be considered by the IEP team even if the district might not trust a particular IEE assessor, or whether the district has already assessed in that given area. And it’s a good idea for the district to notify all of its staff about any upcoming IEP that is going to have an IEE assessment presented during the meeting. That way the IEP team will be aware of its requirement to discuss the IEE evaluation.

But remember, the IEP team’s obligation to consider the IEE results does not mean that they have to agree with or implement any part of the IEE findings. Instead, there obligation is to allow the parent to participate in this process and then consider the IEE results.


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