Securing an Independent Educational Evaluation (IEE) at Public Expense in Kansas

Determining a child's special education needs relies heavily on psychological and educational testing. But what happens when the school district's psychologist evaluates your child and declares they do not need an IEP, or completely misses a glaring diagnosis? Many parents in Kansas, from Lawrence to Salina, feel trapped by the school's findings. Fortunately, federal and state laws empower parents to get a second opinion from an outside professional-and force the school district to pay for it. Requesting an Independent Educational Evaluation (IEE) is a powerful tool to ensure your child gets the correct support. Using our directory, you can find local education advocates and attorneys to guide you through this highly regulated process.

Step-by-Step Process for Requesting an IEE in Kansas

Requesting an IEE is not as simple as handing the school a bill from a private doctor. You must follow a precise legal sequence under the 20 U.S.C. § 1400, 34 C.F.R. § 300.502 and Kan. Admin. Regs. § 91-40-12. Here is how the process works.

Step 1: Requesting the IEE and School's Options

You cannot request a publicly funded IEE until the school district has actually conducted its own evaluation. Once the school completes its testing and presents the results at an IEP meeting, you must formally state your disagreement. You should submit a written letter to the district's Special Education Director stating, 'I disagree with the district's recent evaluation and am requesting an Independent Educational Evaluation at public expense.' You do not legally have to explain why you disagree, although the district may politely ask.

Step 2: When Districts File Due Process to Deny IEEs

Once you make the request, the school district has only two legal options: they must either agree to pay for the IEE, or they must immediately file a due process complaint with the Kansas State Department of Education, Topeka to prove that their evaluation was appropriate. They cannot simply ignore your request or say no. If they file for due process, an administrative judge will review the school's testing. Precedents like Schaffer v. Weast, 546 U.S. 49 (US Supreme Court 2005) dictate how the burden of proof operates in these hearings. Having a lawyer defend your request is highly recommended if the district fights back.

Step 3: Choosing an Approved Evaluator

If the district agrees to fund the IEE, they will provide you with a list of approved local evaluators and a set of criteria (such as geographic location and cost caps). However, you are not strictly bound to their list. As long as the private psychologist or specialist you choose meets the school's basic agency criteria (e.g., they hold a valid Kansas license for school psychology), the district must pay them. If the district's cost cap is unreasonably low for your area, your attorney can demand an exception so you can hire a qualified expert.

Step 4: IEEs for ADHD vs. Learning Disabilities

The type of IEE you need depends on your child's struggles. If you suspect your child has ADHD, you will likely need a comprehensive psychoeducational evaluation to measure executive functioning and attention metrics. If you suspect Dyslexia or Dyscalculia, you need a specialist in specific learning disabilities who can perform detailed reading and phonological processing tests. Once the private IEE is completed, the school is legally required to consider the results at an IEP meeting, though they are not forced to adopt every single recommendation.

How Much Does it Cost in Kansas?

The primary goal of an IEE request is to shift the financial burden from your family to the school district.

If the school forces a due process hearing and you win, the district will have to pay for the IEE and may also be ordered to reimburse your attorney's fees.

How Long Does the Process Take?

Upon receiving your written request for an IEE, the school district must respond without unnecessary delay-which Kansas administrative judges generally interpret as within 15 to 30 days. If the district agrees to fund it, finding an available private psychologist and completing the testing can take 2 to 4 months due to medical waitlists. If the district files for a due process hearing to deny the IEE, the legal battle will add approximately 45 to 60 days to the timeline.

Frequently Asked Questions (FAQ)