How to Force a West Virginia School District to Pay for an Independent Educational Evaluation (IEE)

Understanding Your Right to an IEE in West Virginia

When a child struggles in school, the local county board of education must evaluate them to see if they need an Individualized Education Program (IEP). However, parents in West Virginia often feel that the school's testing was rushed, incomplete, or completely missed the core issue. If you disagree with the results of a school-conducted evaluation, you are not forced to accept it. The federal 20 U.S.C. § 1415 and the state's specific special education rules under W. Va. Code R. § 126-16 give you a powerful tool: the Independent Educational Evaluation (IEE) at public expense. This means you can have a private, outside specialist evaluate your child, and the county school district must foot the bill.

Requesting Neuropsychological IEEs for Autism

Autism Spectrum Disorder (ASD) is incredibly complex to diagnose and evaluate properly within a school setting. School psychologists are often overworked and may only conduct basic behavioral observations or standard IQ tests. If you suspect your child has autism or if you believe the school's evaluation failed to capture the depth of your child's sensory and social needs, you can demand an IEE by a specialized clinical neuropsychologist. A private neuropsychological evaluation is highly detailed, often taking a full day, and can uncover hidden learning disabilities, ADHD, or autism traits that a basic school assessment misses. The school district must pay for this if they cannot prove their own evaluation was legally sufficient.

Speech-Language Pathology IEEs

Speech and language delays can heavily impact a child's ability to learn and interact. Sometimes, a school speech-language pathologist (SLP) might evaluate your child and claim their speech is 'acceptable for their age' or that their stutter 'does not impact their academic performance.' If you disagree, you can request an IEE by a private, licensed SLP. This private evaluator will conduct a comprehensive assessment in a clinical setting, often identifying expressive or receptive language disorders that entitle your child to intensive weekly therapy under their IEP.

How to Respond When the County Board Denies the IEE Request

School districts in cities like Charleston, Morgantown, and Huntington often push back against IEE requests because private evaluations can be expensive. However, under W. Va. Code R. § 126-16, the school district only has two legal options when you request an IEE at public expense: they must either agree to pay for it without unnecessary delay, or they must file a due process complaint to prove to a hearing officer that their evaluation was appropriate. They cannot simply say 'no' and ignore you. If they attempt to deny your request without initiating a hearing, they are violating federal and state law, as highlighted in precedents like Schaffer ex rel. Schaffer v. Weast, 546 U.S. 49 (US Supreme Court 2005) regarding the burden of proof in IEP disputes.

Step-by-Step Process for Requesting an IEE

Navigating special education law can be intimidating. We highly recommend browsing our directory to find a local West Virginia education lawyer to help you advocate for your child.

Step 1: Submit a Written Request

You must formally submit your request in writing to the County Director of Special Education in your district. For example, if you live in Kanawha County, you would address it to the Kanawha County Schools Special Education Department, Charleston. West Virginia does not require a standardized state form; submitting a formal written request letter clearly establishes your legal timeline. In the letter, state that you disagree with the school's evaluation and are requesting an IEE at public expense.

Step 2: Hold the District to Strict Timelines

Once your request is received, the school district must act 'without unnecessary delay.' In West Virginia, this generally means within 10 to 15 school days. If the district asks you why you disagree, you are not legally required to provide an explanation, though it can sometimes help expedite the process.

Step 3: Choose Your Evaluator

If the district agrees to fund the IEE, they must provide you with a list of qualified examiners and the agency criteria (such as geographic location and maximum cost). However, you have the right to choose an evaluator who is not on their list, as long as that professional meets the district's basic credential requirements.

Step 4: IEP Team Review

Once the private evaluation is complete, the IEP team must convene to review the results. While the school is not legally forced to accept every recommendation the private evaluator makes, they must formally 'consider' the findings when updating your child's IEP.

How Much Does it Cost?

The core benefit of an IEE is that it costs the parents absolutely nothing. The county board of education must pay the full cost of the evaluation, including any travel expenses if the specialist is located outside your immediate area. If you need to hire a special education attorney to force the district's hand, they often work on an hourly basis ($200 to $400 per hour). However, if you prevail in a due process hearing, the federal IDEA includes a fee-shifting provision, meaning the school district may be ordered by the judge to pay your attorney's fees.

Frequently Asked Questions (FAQ)