If you're a parent in New York City navigating the special education system, you may find yourself in need of an Independent Educational Evaluation (IEE) to ensure your child receives the services and support they need. The New York City Department of Education (NYC DOE) may be required to fund an independent evaluation under specific circumstances. Here's a guide to help you understand the process and increase your chances of success.

What Is an IEE?

An Independent Educational Evaluation is defined under New York State regulation as "an individual evaluation of a student with a disability or a student thought to have a disability, conducted by a qualified examiner who is not employed by the public agency responsible for the education of the student" (8 NYCRR 200.1[z]; see 34 CFR 300.502[a][3][i]). These evaluations provide an independent assessment of your child’s needs, offering insights and recommendations that may not be addressed in the NYC DOE’s evaluation. The goal is to read the evaluation and have a comprehensive understanding of your child's needs and what is required for them to make progress in the classroom.

Often, NYC DOE evaluations include statements like, "Final recommendations for services will be discussed and determined at the IEP meeting along with other reports and consultation with the student's parents." This leaves parents without comprehensive information to support their child, and unsure of what steps to take after the evaluation is complete. Additionally, the evaluators themselves are rarely present at IEP meetings. Instead, parents usually end up discussing the evaluation findings with a CSE representative who may not be familiar with their child.

When Can You Request an IEE?

Under the Individuals with Disabilities Education Act (IDEA) and state regulations, parents have the right to request an IEE at public expense if they disagree with a school district’s evaluation. Both federal and state regulations note that "[a] parent is entitled to only one [IEE] at public expense each time the public agency conducts an evaluation with which the parent disagrees" (34 CFR 300.502[b][5]; 8 NYCRR 200.5[g][1]).

The Second Circuit Court of Appeals explained that if a district and a parent agree to evaluate a student before the required triennial evaluation, the parent needs to express disagreement with any specific evaluation before the child's next scheduled evaluation. If they don’t, the district’s new evaluation could overshadow the parent’s concerns (D.S. v. Trumbull Bd. of Educ., 975 F.3d 152, 170 [2d Cir. 2020]).

Guide to Request Funding for an IEE

1. Review the DOE’s Evaluation

   • Obtain a copy of the school district’s evaluation report and review it carefully. Identify specific areas where you believe the evaluation is lacking or incomplete.
   • Believe it or not, the DOE does not always share their evaluations with the parents. If that is the case, please contact us to see what options you have.

2. Submit a Written Request

   • Write a letter to the NYC DOE’s Committee on Special Education (CSE) that includes these key points:
     1. Clearly explain that you disagree with the DOE’s evaluation.
     2. Highlight specific reasons why the evaluation is incomplete or inadequate.
     3. Formally ask for an Independent Educational Evaluation (IEE) at public expense.
   • Contact us for assistance in ensuring your disagreement and request are submitted correctly and without delay, so the evaluation funding process moves forward smoothly.

3. Wait for the DOE’s Response

   • Once the NYC DOE receives your request, they must, without unnecessary delay, either:
     • Agree to fund the IEE, or
     • Initiate an impartial hearing to establish that their evaluation is appropriate or that the evaluation obtained by the parent does not meet the school district’s criteria.
   • If the DOE agrees, they’ll give you a list of their own approved evaluators. You may receive an "AA" voucher, or Assessment Authorization.

4. Choose an Evaluator

   • Research independent evaluators with expertise in the areas of concern (e.g., neuropsychologists, speech-language pathologists). If you select someone not on the DOE’s list, you may need to justify their qualifications and fees.

5. Schedule the Evaluation

   • Coordinate with the chosen evaluator to conduct the IEE. Ensure they are aware of DOE requirements, such as timelines and reporting formats.

6. What If the NYC DOE Denies Your Request for an IEE?

   If the DOE refuses to fund the IEE, just doesn't respond to your concerns, or initiates a due process hearing, it’s crucial to be prepared with evidence that supports your disagreement with their evaluation.

   The process is full of nuances, and without a solid understanding of these steps, you risk wasting time and resources. Contact us to make sure you’ve followed all the necessary procedures. There are strict timeframes you must adhere to at every stage, and failure to follow or understand them could jeopardize the outcome. Reach out today to discuss how we can help.