Requesting an Independent Educational Evaluation (IEE) at Public Expense in Georgia

When a child is struggling in a Georgia public school, an Individualized Education Program (IEP) can provide vital support. However, everything in an IEP relies on the school's initial evaluations. If the school psychologist tests your child and determines they do not need services, or if their evaluation misses a complex diagnosis, you do not have to accept their findings. Under federal and state law, you have the right to challenge the school by requesting an Independent Educational Evaluation (IEE) paid for by the school district.

Requesting an IEE shifts the balance of power back to the parents. Instead of relying on a rushed school assessment, your child is evaluated by a private, unbiased specialist in your community. Whether you live in Atlanta, Savannah, or Columbus, navigating the IEE process can be intimidating when school districts push back or claim the evaluation is too expensive. To ensure your child's rights are protected, many parents choose to consult a special education attorney from our USA Lawyers directory to enforce this federal right.

Step-by-Step Guide to Requesting an IEE in Georgia

The right to an IEE is grounded in 20 U.S.C. § 1415 and is strictly regulated in Georgia by Ga. Comp. R. & Regs. 160-4-7-.09. When you make this request, the school district only has two legal options: agree to pay for it, or file for a due process hearing to defend their own evaluation.

Step 1: Requesting Neuropsychological Exams for ADHD

ADHD and specific learning disabilities are frequently under-evaluated in public schools. A school might simply conduct a basic academic screening, which often fails to capture executive functioning deficits. If you disagree with this limited scope, you can request a comprehensive neuropsychological exam. The school district must provide you with a list of qualified independent evaluators. Georgia law states the independent evaluator must meet the same credentialing criteria the school uses, meaning you can hire a fully licensed clinical neuropsychologist at the district's expense.

Step 2: Demanding Speech-Language Pathology for Apraxia

Childhood Apraxia of Speech is a complex neurological disorder that many school-based speech therapists do not have the specialized training to diagnose. If the school concludes your child simply has an articulation delay, you can request an IEE for a specialized Speech-Language Pathology (SLP) assessment. The school cannot unnecessarily restrict your choice of evaluator as long as the chosen professional holds the proper state licensure.

Step 3: Pursuing Occupational Therapy for Dysgraphia

Dysgraphia (a severe difficulty with writing) requires intense occupational therapy and specific classroom accommodations. If a school's occupational therapist (OT) conducts a brief observation and denies OT services, you have the right to request an independent OT evaluation. A private occupational therapist will conduct standardized motor-skills testing to prove the educational impact of the disability, providing the objective clinical data needed to support a request for OT services during IEP team deliberations.

Step 4: Submitting the Written Request

To trigger your rights, you must send a formal, written request to the school's special education director. While there is no single mandatory state form for the initial request, if the school denies your request, they must formally file a Form OSAH-1, Georgia, Office of State Administrative Hearings, Due Process Hearing Request with the Office of State Administrative Hearings, Atlanta to prove their evaluation was appropriate. The burden is heavily on the school district. According to federal precedent established in cases like Schaffer v. Weast, 546 U.S. 49 (US Supreme Court 2005), the party bringing the hearing carries the burden of proof.

How Much Does an IEE Cost?

The primary benefit of an IEE is that it is conducted at 'public expense,' meaning it should cost the parents nothing. However, if you choose to pay out-of-pocket without following the formal request process, you will face high private rates.

Timelines for School District Responses

Once you submit your written request for an IEE, Georgia regulations require the school district to respond 'without unnecessary delay.' While the state does not specify an exact number of days, administrative judges typically interpret this to mean within 15 to 30 days. The district must either write a check/issue a purchase order for the private evaluation or immediately file a due process complaint against you. They cannot simply ignore your request or tell you they 'do not do IEEs.'

Frequently Asked Questions (FAQ)