Independent evaluations · public expense
Disagree with the evaluation? Request your own.
Generate a formal letter requesting an independent educational evaluation at public expense — citing the exact regulation that gives you this right.
You don't have to justify why you disagree — the district must respond to this request without unnecessary delay, either by funding your evaluation or defending its own in a hearing.
Your letter
Edit the fields above to personalize it, then copy and send it by email or certified mail.
Covers your right to request an IEE under 34 CFR §300.502(b) when you disagree with a district evaluation. It doesn't cover cases where the district has already filed for due process to defend its evaluation. Informational only, not legal advice; nothing you type is stored or sent anywhere — this all runs in your browser.
How this is grounded
Last reviewed: September 2026
The right to an independent evaluation
Under 34 CFR §300.502(b), a parent who disagrees with an evaluation obtained by the school district has the right to an independent educational evaluation (IEE) at public expense. Once requested, the district must — without unnecessary delay — either fund the IEE or file a due process complaint to defend its own evaluation as appropriate. Under §300.502(e), the district may apply the same criteria to your chosen evaluator that it applies to its own evaluations, and must tell you what those criteria are.
What this doesn't cover
- No fixed response deadline. “Without unnecessary delay” isn't a specific day count in the federal regulation — it's judged case by case.
- Not a due-process filing. This letter starts the process; it isn't itself a legal complaint or a substitute for a special-education attorney or advocate.
Frequently asked questions
Do I have to explain why I disagree with the district's evaluation?
No. The district may ask why you disagree, but 34 CFR §300.502(b)(4) is explicit that the agency may not require an explanation and may not unreasonably delay providing the IEE or filing for due process because you didn't give one. You can share your reasoning if it helps make your case, but it isn't required to trigger your right to an IEE.
What does 'without unnecessary delay' actually mean?
The regulation doesn't set a fixed number of days — it's judged by the facts of each situation, and districts that sit on a request for many weeks with no action have been found to violate it in due-process decisions. If your district goes quiet for more than a few weeks after you send this letter, that's a reasonable point to follow up in writing or contact your state's special-education complaint office.
Does the district get to choose who does my child's independent evaluation?
No — you choose the evaluator, but the district can hold you to the same criteria (location, examiner qualifications, and cost) it uses for its own evaluations, under 34 CFR §300.502(e). This letter requests that criteria in writing so you know what qualifies before you pick someone.
What if the district refuses and files for due process instead of paying?
That's one of the two options the regulation gives the district — file a due process complaint to defend its own evaluation, rather than fund yours. If a hearing officer finds the district's evaluation was appropriate, you can still get an independent evaluation, just not at public expense. This is the point to involve a special-education attorney or advocate.
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