Not Sold on the School's Evaluation? Your Guide to IEEs in Minnesota

You waited weeks for the school to evaluate your child. You sat in the meeting, listened to the school psychologist read through the test scores, and felt... unsettled. Maybe the results didn't match what you see at home. Maybe they said your child "doesn't qualify" for support, but you know they are struggling. Or perhaps they only tested for reading when you specifically asked about attention issues.

If you are a parent in Minnesota and you disagree with the school district’s evaluation, you have a powerful tool in your back pocket: The Independent Educational Evaluation (IEE).

What is an IEE?

An IEE is an evaluation conducted by a qualified professional who is not employed by your school district. Think of it as a second opinion. Because this person is independent, they often bring a fresh set of eyes and a different perspective to your child’s learning profile. It is important to note the IEE is truly meant to be independent. The evaluator should further analyze previous data with current evaluation data to make appropriate determinations for the student. Even though a school district may approve a request for an IEE, it does not necessarily mean the programming results will change.

The "Golden Rule" of Requesting an IEE

Here is the most important rule to remember: You cannot request an IEE at public expense until the school has completed their own evaluation.

The school district has the legal right to evaluate your child first. Once they have finished and presented their report to you, if you disagree with their findings, then you can trigger your right to an IEE.

Who Pays for It?

This is the best part for parents. If you disagree with the school's evaluation, you can request an IEE at public expense. This means the school district pays for it.

When you make this request, the school generally has only two options:

1. Agree to pay for the independent evaluation.

2. File for a Due Process Hearing to prove to a judge that their evaluation was appropriate.

Schools usually want to avoid legal hearings, so they often agree to fund the IEE.

Minnesota has specific timelines that protect parents. Once you submit your request for an IEE in writing, the school district cannot ignore you.

Under Minnesota law, the district must respond to your request in writing. They cannot drag their feet "indefinitely."

Step-by-Step: How to Request an IEE

1. Wait for the District Evaluation: Ensure you have the final evaluation report from the school in your hands.

2. Identify the Disagreement: You don't technically have to explain why you disagree, but it helps. (e.g., "The evaluation was not comprehensive," "You didn't assess for anxiety," "The observation data contradicts the test scores.")

3. Send a Written Request: Do not just say it in a meeting. Send an email or letter to the Special Education Director and the Case Manager.

   
   

   Pro-Tip: Use the phrase "I am requesting an Independent Educational Evaluation at public expense because I disagree with the district's evaluation."

4. Select an Evaluator: The school will provide a list of qualified evaluators, but you are not forced to use their list. You can choose your own private neuropsychologist or educational psychologist, provided they meet the district’s criteria (location, credentials, and cost limits).

5. The Results: Once the IEE is done, the school must consider the results. They don't have to accept every single recommendation, but they are legally required to review the report and discuss it as a team.

Common Pitfalls to Avoid

●     Requesting too early: If you request an IEE before the school finishes theirs, they will deny it.

●     Going rogue: If you go out and pay for a private evaluation on your own without asking the school first, getting reimbursed later is very difficult. Always ask the school to pay before the testing starts.

●     Waiting too long: While there is no strict "expiration date" in the law, it is best to request the IEE soon after the school's evaluation (within a year or two) so the data is still relevant.

Next Step for You

If you have recently received an evaluation from your school district that feels "off" or incomplete, do not sign off on it just yet. You can always reach out to Portage Psychology for a free consultation, and we will help guide you through the process and help you determine if this is the right step for you and your child.