How to Force an Indiana School District to Pay for an Independent Educational Evaluation (IEE)
If you disagree with the school's special education evaluation, you have the right to request an Independent Educational Evaluation (IEE) at public expense under 511 IAC 7. The school must either pay for the private evaluation or file for a Due Process hearing to defend their own evaluation.
When a school district evaluates a child for special education services, the results form the foundation of the student's entire Individualized Education Program (IEP). However, school psychologists are employees of the district. Sometimes, their evaluations miss critical diagnoses like dyslexia, autism, or ADHD, or they recommend a lower level of services to save the school money. If you believe the school's evaluation of your child is flawed, incomplete, or biased, you do not have to accept their findings.
Indiana law provides parents with a powerful tool: the Independent Educational Evaluation (IEE). This allows you to have your child evaluated by a private, outside professional, and forces the school district to foot the bill. Navigating the rules of an IEE can be highly technical, and schools will often try to deny your request or impose illegal conditions. To successfully force the district to pay, we highly recommend finding a skilled special education lawyer in our US Lawyer Directory who can manage the formal request and protect your rights.
Step-by-Step Process in Indiana
Exercising your right to an IEE in cities like Indianapolis, Gary, or Bloomington requires following strict procedural steps under state and federal law.
Step 1: Wait for the School's Evaluation
You cannot request an IEE at public expense until the school district has actually completed their own evaluation. Once they present you with their psychoeducational report at the IEP meeting, you can formally state your disagreement.
Step 2: Submit a Written IEE Request
You must inform the school district in writing that you disagree with their evaluation and are requesting an IEE at public expense. Indiana rules require parents to submit a formal written request to the school's special education director or case conference committee. You do not legally have to explain why you disagree, though the school may ask.
Step 3: The School's Mandatory Response
Under Ind. Admin. Code tit. 511, r. 7-40-7, the school district has only two legal options once they receive your request: they must either agree to pay for the IEE or they must file a Due Process complaint to prove to a judge that their evaluation was appropriate.
Step 4: Selecting the Independent Evaluator
If the school agrees to pay, they will provide you with a list of criteria and potential evaluators. You are allowed to choose your own private psychologist or speech pathologist, as long as they meet the school's reasonable professional criteria (e.g., they must be a licensed psychologist).
Step 5: Incorporating the IEE
Once the private evaluation is complete, the school district must convene a Case Conference Committee meeting to review the findings. While they must 'consider' the IEE, they are not legally forced to adopt every recommendation, which is where your lawyer will negotiate on your behalf.
Timelines the School Has to Respond
511 IAC 7 is very strict about how quickly a school must respond to your IEE request. Under Ind. Admin. Code tit. 511, r. 7-40-7(c), the school district must respond within ten (10) business days of receiving your written request. Within this 10-business-day window, the district must either notify you in writing that they will pay for the IEE or initiate a Due Process hearing to defend their evaluation. If the school ignores your letter or fails to act within 10 business days, they have committed a procedural violation of 20 U.S.C. § 1415(b)(1), and your lawyer can file a state complaint with the Indiana Department of Education, Office of Special Education, Indianapolis.
Criteria for Selecting Independent Psychologists
School districts are allowed to set 'agency criteria' for the IEE, meaning they can require the private evaluator to have the exact same credentials as the school's evaluator. For example, if a licensed school psychologist performed the district's evaluation, the independent evaluator must also be a licensed clinical or school psychologist. However, the school cannot impose criteria that are so restrictive that it becomes impossible for you to find an independent evaluator. If their criteria are unreasonable, your lawyer can challenge them.
Defending Against a School District Due Process Filing
If the school is confident in their evaluation, they will refuse to pay for the IEE and will file a Due Process complaint against you. Do not panic. This means the school district must go before a judge and prove that their evaluation was thorough and legally compliant. In cases like Schaffer v. Weast, 546 U.S. 49 (US Supreme Court 2005), the Supreme Court ruled that the burden of proof falls on the party bringing the lawsuit-meaning the school has to prove their case, not you. Having a special education attorney to cross-examine the school's psychologists is essential to winning this hearing and securing your free IEE.
Cost Limits and Travel Distance Requirements
Indiana schools are permitted to establish maximum cost caps for an IEE and geographic limits on how far away the evaluator can be located (e.g., within 50 miles of the school district). However, if your child has a highly specialized or rare disability, you may not be able to find a qualified expert within the cost cap or the travel radius. If this happens, your attorney can argue that the school must waive their limits because the unique circumstances of your child's disability require a more expensive or distant specialist to ensure an accurate evaluation.
How Much Does it Cost in Indiana?
The goal of the IEE process is to make the school district pay for the private evaluation, saving you thousands of dollars.
| Private Psychoeducational Evaluation | $2,000 - $5,000 (Paid by School if approved) |
| Lawyer Strategy & Demand Letter | $300 - $800 |
| Defending Due Process (If School Fights) | Attorney fees paid by school if you win |
| Attending the IEP Review Meeting | $500 - $1,500 for legal representation |
How Long Does the Process Take?
Once you submit the written request, the school must respond within 10 business days under Indiana law. Finding a private psychologist who has open availability can often take 1 to 3 months. Once the private evaluation is completed and submitted to the school, the district typically must schedule an IEP meeting within 10 to 15 instructional days to review the new data.
Frequently Asked Questions (FAQ)
Do I have to pay upfront and wait for reimbursement?
No. If the school agrees to the IEE, they typically contract directly with the private evaluator and pay them directly, so you do not have to pay out of pocket.
Can the school force me to explain why I disagree?
The school is allowed to ask why you disagree, but under 511 IAC 7, they cannot legally require you to provide an explanation, nor can they delay granting the IEE if you refuse to answer.
What if I already paid for a private evaluation?
If you proactively obtained a private evaluation before the school conducted theirs, you generally cannot force the school to reimburse you for it under the IEE rules.
Does the school have to follow the private evaluator's advice?
The law only requires the school to 'consider' the independent evaluation. They are not mandated to accept every recommendation, which is why having an advocate at the meeting is critical.
How can I find a lawyer to request an IEE?
You can search our US Lawyer Directory to find a special education attorney in your Indiana county who specializes in navigating 511 IAC 7 evaluations and Due Process hearings.
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