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IEEs vs. Private Assessments

Your child has an IEP. The school district just conducted her triennial psychoeducational evaluation. You disagree with the report and believe that the assessor made mistakes in testing your daughter. As usual, the school district won’t budge. Now what? 

In this situation, you have two options to challenge the assessment. If you can afford it, you can hire a private assessor of your choosing to evaluate your child and present his/her findings to the IEP team. Or you can request an Independent Educational Evaluation (IEE), which is essentially a publicly funded “second opinion.” IEEs carry drawbacks, however. A school district has the legal right to sue you in a trial-like due process proceeding to defend its assessment (though you can withdraw the IEE request). Even if a school district agrees to the IEE, the assessor must be mutually agreed-upon — meaning that you may not get the right person for the job.

Deciding whether to get a private evaluation or IEE can be a tricky decision. Our nearly 20 years of special-education law experience can help you make that choice. Please call the Leigh Law Group at (415) 399-9155 today to schedule a FREE 30-minute consultation to learn how we advocate for children with disabilities to get proper assessments that address their unique needs.