Independent Educational Evaluations (IEE) at Public Expense in New Hampshire

Evaluations are the cornerstone of special education. They dictate a child's eligibility, their specific diagnoses, and exactly what services will be provided in their IEP. However, what happens when the school psychologist in Manchester, Concord, or Nashua conducts a brief evaluation and determines your child does not need help, but you know in your heart that they are struggling? You do not have to accept the school's findings as absolute truth. Under federal and New Hampshire state law, parents are armed with a powerful tool: the right to demand an Independent Educational Evaluation (IEE) paid for entirely by the public school district.

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

Securing an IEE at public expense is a procedural right, meaning you must follow the correct administrative steps to force the school to comply. You cannot simply go to a private doctor, pay out of pocket, and then hand the bill to the school district without prior notice.

Step 1: Wait for the District's Evaluation

By law, a parent's right to an IEE at public expense only triggers after the public school has conducted its own evaluation. If the school has not evaluated your child yet, you must first request an initial evaluation or a reevaluation. Once you receive the school's written report and you disagree with its methods, findings, or conclusions, you are legally positioned to act.

Step 2: Requesting the IEE in Writing

You must send a formal, written request to the Special Education Director of your New Hampshire school district stating that you disagree with their recent evaluation and are requesting an IEE at public expense. You are not legally required to explain *why* you disagree, although providing reasons can sometimes facilitate a faster agreement. Keep a certified mail receipt or email timestamp of this request.

Step 3: Understanding the School's Timeline to Respond

Under 34 C.F.R. § 300.502 and N.H. Admin. Code § Ed 1120.07, once a parent requests an IEE, the school district has only two options. They must respond 'without unnecessary delay.' They must either: 1) Agree to fund the independent evaluation, or 2) File a due process hearing complaint using the state model complaint form under N.H. Admin. Code § Ed 1123.03 with the New Hampshire Department of Education, Office of Legislation and Hearings, Concord to prove to a state hearing officer that their own evaluation was legally appropriate. As affirmed by the First Circuit in South Kingstown School Committee v. Joanna S., 773 F.3d 344 (1st Cir. 2014), the right to an evaluation of a child's educational needs is a critical procedural safeguard under the IDEA. If the district simply ignores you for weeks, they violate the 'without unnecessary delay' standard and forfeit their right to deny the IEE.

Categorizing the Types of Independent Evaluations

An IEE is not just a generic test. It can cover any specific area of educational need where you believe the school's testing was flawed, too brief, or incomplete.

Neuropsychological Exams

School psychologists generally conduct psychoeducational testing, which primarily looks at IQ and academic achievement. If your child has complex learning disabilities like severe dyslexia, ADHD, or autism spectrum disorder, a clinical Neuropsychological Exam goes much deeper. It maps brain function, memory processing, executive functioning, and cognitive strengths. These are highly expensive evaluations, but requesting an independent neuropsychological exam is the most common and effective way to uncover hidden disabilities that standard school tests miss in districts like Portsmouth or Keene.

Functional Behavior Assessments (FBAs)

If a child exhibits challenging behaviors that result in suspensions or isolation, the school must conduct a Functional Behavior Assessment (FBA) to find out *why* the behavior is happening. Often, school-based FBAs are rushed or poorly executed. Parents can request an independent FBA, typically conducted by a private Board Certified Behavior Analyst (BCBA), who will observe the child in their New Hampshire classroom and design a more effective, scientifically backed Behavior Intervention Plan (BIP).

Assistive Technology (AT) Evaluations

Many children require technology to access FAPE, such as text-to-speech software, specialized communication tablets, or adaptive physical equipment. If a district refuses to provide these tools claiming the child does not need them, parents can request an independent AT evaluation. An independent AT specialist will thoroughly assess the child's physical and communicative barriers and mandate specific hardware or software that the school must consider implementing.

How Much Does an IEE Cost?

For the parent, an IEE at public expense costs absolutely nothing ($0). The public school district is legally required to pay the full cost of the private evaluator. Depending on the specialty, a comprehensive neuropsychological evaluation in New Hampshire can cost the district between $3,500 and $6,000. If the district chooses to fight your request and files for due process, you may want to hire a special education attorney. Most local attorneys offer hourly billing ($250 to $500), but if you win the hearing, the school may be ordered to pay your legal fees.

How Long Does the Process Take?

New Hampshire hearing officers generally interpret the 'without unnecessary delay' rule to mean the school must make a decision within 15 to 30 days of your request. If the school agrees to pay, scheduling the private evaluator can take 1 to 3 months due to high demand for child psychologists in NH. If the school fights it, the due process hearing procedure will take approximately 45 to 75 days to reach a final ruling.

Frequently Asked Questions (FAQ)