Independent Educational Evaluation (IEE) in California: How to Get One for Free
You waited 60 days for the school district to evaluate your child. You went to the IEP meeting, read the 30-page report, and felt your stomach drop.
The report says your child is "average" when you know they are struggling. It says their behavior is "seeking attention" when you know it's anxiety. It misses the dyslexia, or the autism, or the sensory processing disorder entirely.
Most parents think their only option is to pay $5,000+ for a private neuropsychological evaluation. This is false.
Under California Education Code 56329(b), you have the right to a "Second Opinion" paid for by the school district. It is called an Independent Educational Evaluation (IEE) at public expense. Here is how to get it.
The Golden Rule: You Must Disagree First
You cannot request an IEE just because you want one. You must first allow the school district to complete their own evaluation.
The Trigger: Once the district completes their assessment and holds the IEP meeting, if you disagree with their findings, you have the right to request an IEE. You do not need to explain exactly why their report is wrong yet. You just have to state that you disagree.
The "Fund or File" Ultimatum
In California, when you request an IEE, the School District has only two legal options. They cannot simply say "No." They cannot ignore you.
They must either:
- Fund the IEE: Agree to pay for a qualified private evaluator to assess your child.
- File for Due Process: Initiate a legal hearing against you to prove to a judge that their evaluation was appropriate.
Why this favors parents: Filing for Due Process is expensive. Unless their evaluation is bulletproof, districts will often choose to fund the IEE rather than spend $20,000 on legal fees defending their own report.
The Timeline: "Without Unnecessary Delay"
Unlike the 60-day timeline for initial assessments, California law does not give a specific number of days for the district to respond to an IEE request. Instead, the legal standard is "without unnecessary delay."
In practice (and in court rulings), this usually means the district must respond within 10 to 15 days. If they sit on your request for a month without filing for due process, they have likely waived their right to defend their assessment.
The Trap: "Agency Criteria" (Cost Caps)
When the district says "Yes," they will send you a packet of information including "Agency Criteria." They will often try to limit you by saying:
- "We will only pay up to $4,500."
- "The evaluator must be located within 40 miles."
Parent Tip: You do not have to use the evaluators on their "preferred list." You can choose your own independent evaluator as long as they meet the district's criteria (license, cost, location). If your child has complex needs that require an expert who costs more than the cap, you can argue for a waiver of the cost criteria.
How to Request It (The Script)
Do not over-explain. If you write a three-page letter listing every mistake they made, you are giving them ammunition to fix their report or defend it in court. Keep it simple.
"I am writing to inform you that I disagree with the District’s psycho-educational evaluation dated [Date] for my child, [Name].
Pursuant to California Education Code § 56329(b), I am requesting an Independent Educational Evaluation (IEE) in the area of [Psycho-Educational / Speech / FBA] at public expense.
Please provide me with a copy of your Agency Criteria and a list of independent evaluators without unnecessary delay."
Don't Let Them Stall
If the District tries to delay by asking, "What specifically do you disagree with?" you can respond: "I am not required to explain the nature of my disagreement at this time."
I have created a complete IEE Request Template that includes the follow-up responses for when they try to trick you.
Download the IEE Request Letter Template (Coming Soon)Get the exact script that forces the district to choose: Pay up or lawyer up.
Frequently Asked Questions
Can I choose any evaluator I want?
Technically, yes, as long as they meet the district's "Agency Criteria" (qualifications, location, and cost). If your preferred evaluator charges more than the district cap, you must request a waiver proving that your child's unique needs require that specific expert.
Does the school have to accept the IEE findings?
They must consider them. They do not have to automatically adopt all recommendations. However, an IEE usually carries significant weight because it is a neutral, third-party expert opinion.
Can I request an IEE for just one part of the evaluation?
Yes. You can request an IEE for Speech only, or Occupational Therapy only, if that is the specific area where you disagree with the district's findings.
What happens if the district files for Due Process?
If they file, you will go before an Administrative Law Judge. The district has the burden of proving their evaluation was appropriate. If the judge agrees with them, you can still get a private evaluation, but you will have to pay for it yourself.
What If You Want the Complete Strategy?
Getting the IEE is a huge win, but it's only half the battle. You still have to bring that report back to the IEP table and fight for the services it recommends.
The IEP Battle Plan teaches you how to leverage the IEE findings to force the district's hand on placement and services.
- How to prep your Independent Evaluator for the IEP meeting.
- Scripts to use when the district tries to ignore the IEE recommendations.
- When to use the IEE to push for non-public school placement.
$497 one-time payment. Lifetime access.
Learn more about the Battle Plan →Related Resources
For more on California special education:
- California IEP Laws - Understanding your rights under Ed Code.
- California Timelines - Ensure the initial evaluation was done on time.
Legal Disclaimer: I am a parent with experience in IEP advocacy, not an attorney. This site shares information and personal experience, not legal advice. For legal representation, please consult a special education attorney in your state.