Independent Educational Evaluations (IEE): Forcing Illinois School Districts to Pay

When a school district evaluates your child for special education, the results dictate the services your child receives. Unfortunately, district evaluations are sometimes rushed, incomplete, or biased toward saving the school money. If you believe the school's psychologist or speech therapist got it wrong, you are not forced to accept their findings. The law grants you the right to a second opinion. To ensure the school complies with this mandate, you can easily locate a special education attorney in our United States lawyer directory to advocate for your child.

Your Legal Right to an IEE

The right to an independent evaluation is cemented in both federal and state codes. Under 34 C.F.R. § 300.502, a parent has the right to an IEE at public expense if they disagree with an evaluation obtained by the public agency. Furthermore, the 23 Ill. Admin. Code § 226.180 strictly governs how local districts must respond to these requests and how they cap the fees paid to private evaluators.

Step-by-Step Guide to Requesting an IEE

Whether you are in Springfield, Aurora, or Joliet, the process of forcing the district to fund an outside evaluation requires strict adherence to procedural rules.

Step 1: The District Evaluates First

You cannot demand an IEE at public expense until the school district has conducted its own evaluation first. If the school refuses to evaluate your child entirely, you have to file a due process complaint to force an initial evaluation, not an IEE.

Step 2: Submit a Written Disagreement

Once you receive the district's report and disagree with its findings (e.g., they claim your child does not have dyslexia or autism), you must formally request an IEE. Submit a written request directly to the superintendent or special education director of your local school district. The district may ask you why you disagree, but legally, you do not have to provide a reason.

Step 3: The District's Mandatory Response

Upon receiving your written request, the district has only two legal options under 105 ILCS 5/14-8.02(b): within 7 school days, they must either agree to fund the IEE, or file a due process complaint with the Illinois State Board of Education, Springfield to prove their evaluation was appropriate. They cannot simply ignore your request or deny funding without initiating due process.

Step 4: Choosing a Qualified Private Evaluator

If the district agrees to fund the IEE, they will provide you with a list of qualified independent evaluators. However, you are not strictly limited to their list. You can choose your own private neuropsychologist or speech pathologist, provided they meet the district's basic criteria for geographic location and professional qualifications.

What Happens if the District Refuses?

If the district believes their evaluation is appropriate, they will file a due process complaint against you to defend it. During this hearing, an administrative hearing officer will review the school's testing methods. However, the precedent set in B.G. by J.A.G. v. Board of Education of City of Chicago, 901 F.3d 903 (US Court of Appeals for the Seventh Circuit 2018) protects school districts by establishing that minor flaws or non-material shortcomings in a school evaluation do not make it legally inappropriate or obligate the district to fund an IEE at public expense.

Costs and ISBE Fee Caps

Districts are allowed to set reasonable cost caps on how much they will pay for an IEE based on typical local rates.

If your chosen evaluator charges more than the district's cap, you must prove that your child's unique circumstances justify the higher cost, or you may have to pay the difference out of pocket.

Timelines

Under 105 ILCS 5/14-8.02(b), Illinois imposes strict statutory deadlines on IEE requests. The school district must either agree to fund the evaluation or file a due process hearing request within 7 school days of receiving your written request. Furthermore, once an independent educational evaluation at public expense is initiated, state law requires that it be completed within 60 school days of the parent's written request, unless an extension is formally justified or a due process proceeding is underway.

Frequently Asked Questions (FAQ)