How to Request an Independent Educational Evaluation (IEE) at Public Expense in Nebraska

Understanding Your Right to an IEE in Nebraska

When a child struggles in school, the local district is required to conduct a comprehensive evaluation to determine their eligibility for special education services. But what happens if the school's evaluation is flawed, incomplete, or fails to identify your child's true needs? Under 92 Neb. Admin. Code § 51-006.07 (commonly known as NDE Rule 51), Nebraska parents have a powerful legal tool: the right to an Independent Educational Evaluation (IEE) at public expense. This means an outside, private expert evaluates your child, and the school district foots the bill. Navigating this process can be intimidating, but you can easily browse our directory to find an experienced local education lawyer to help you advocate for your child.

Specific Types of Independent Evaluations

An IEE is not just a generic test. It can be highly specialized to address exactly what the school district missed. Whether you live in Omaha, Lincoln, or Grand Island, you can request specific independent assessments.

Neuropsychological Exams

School psychologists typically conduct basic psychoeducational testing, which might not uncover complex neurological issues like ADHD, severe dyslexia, or autism spectrum disorders. If the district's evaluation glosses over these possibilities, a parent can request a private neuropsychological exam. A licensed pediatric neuropsychologist can provide profound clinical insights into how your child's brain processes information, compelling the school to offer more targeted accommodations.

Speech-Language Pathologist Assessments

Speech and language are the foundation of learning. If your child struggles with pragmatics (social communication) or expressive language, and the school's quick 30-minute screening determines 'no specialized services are needed', you can demand an independent Speech-Language Pathologist (SLP) assessment. An independent SLP will conduct comprehensive, standardized testing to identify subtle deficits that severely impact reading comprehension and peer interactions.

Assistive Technology Evaluations

Many districts fail to proactively offer Assistive Technology (AT) because the equipment can be expensive. However, if a child cannot write legibly or communicate verbally, they may desperately need text-to-speech software or an augmentative communication device. If the school refuses to evaluate for these tools, an independent AT evaluation can legally force the district to provide the necessary hardware and software to ensure a Free Appropriate Public Education (FAPE).

Functional Behavior Assessments (FBAs)

When a child with a disability faces constant disciplinary action or suspensions, the school is supposed to conduct a Functional Behavior Assessment (FBA) to find the root cause of the behavior. If the school's FBA merely blames the child rather than identifying triggers and effective interventions, you should immediately request an independent FBA from a private Board Certified Behavior Analyst (BCBA).

Step-by-Step Process to Request an IEE

The process of requesting an IEE at public expense is strictly governed by state and federal timelines. Here is how you execute this right.

Step 1: Submitting a Written Request

You must first wait until the school district completes its own evaluation. Once you review their results and disagree with them, you must submit a formal, written request to the district's Special Education Director. You simply state: 'I disagree with the district's evaluation dated [Date], and I am requesting an Independent Educational Evaluation at public expense.' You are not legally required to explain why you disagree, though the district may ask.

Step 2: The District's Mandatory Binary Choice

Once the district receives your request, NDE Rule 51 dictates that they have only two options, and they must act 'without unnecessary delay'. Option 1: They agree to pay for the IEE and provide you with information about where an IEE may be obtained and the agency criteria. Option 2: They must formally file for a Due Process hearing with the Nebraska Department of Education, Lincoln to prove to an administrative judge that their original evaluation was appropriate. They cannot simply ignore you or say 'no' without initiating legal action.

Step 3: Selecting the Evaluator

If the district agrees to fund the IEE, they will give you a list of criteria (such as geographic location and maximum cost caps). You are not forced to pick someone off their specific list of preferred vendors, as long as your chosen private evaluator meets the district's reasonable credentialing criteria. If the district's cost caps are artificially low and prevent you from finding a qualified expert in Nebraska, your attorney can challenge these caps.

When the District Fights Back

If the school files for Due Process to defend their evaluation, the burden of proof is entirely on the school district, not the parents. Precedents like Schaffer v. Weast, 546 U.S. 49 (US Supreme Court 2005) govern burdens of proof in cases under 20 U.S.C. § 1400, but specifically for IEE denials, the school must affirmatively demonstrate that their assessment met all legal standards. You will need to submit a response, and potentially initiate a formal hearing proceeding under 92 Neb. Admin. Code § 55-004 using the Department's Model Form: Special Education Due Process Complaint Notice if you are raising counterclaims regarding a denial of FAPE.

Frequently Asked Questions (FAQ)