1342.12 Companion

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1342.12 Companion
July 12, 2017 Page 22
Independent Educational Evaluation (IEE)
E4 S19c p 50-51
The parents of a student with a disability have the right to an independent educational evaluation (IEE)
at the Department of Defense Education Activity (DoDEA) expense if the parents disagree with an
evaluation obtained by the DoDEA school system. Parents are entitled to only one IEE at DoDEA
expense in response to a DoDEA evaluation with which they disagree. To initiate the process for
obtaining an IEE at DoDEA expense, parents must provide DoDEA with a written request. This written
request does not have to provide an explanation as to why the parents disagree with the DoDEA
evaluation. DoDEA may ask why the parents disagree with the DoDEA evaluation but may not compel
the parents to provide an explanation.
Once DoDEA receives a qualifying request for an IEE, DoDEA has two options:
1.) Initiate a due process hearing, without unnecessary delay, and demonstrate that the DoDEA
evaluation was appropriate. DoDEA must provide Prior Written Notice (PWN) refusing the IEE;
or
2.) Agree to fund an appropriate IEE that meets the criteria DoDEA would use when conducting
such evaluation as set forth in paragraph 19.c(6) page 51 of Enclosure 4 of Department of
Defense Manual “Implementation of Early Intervention and Special Education
Services to eligible DoD Dependents,” June 17, 2015, by providing PWN that indicates
agreement to fund an IEE that meets agency criteria.
If DoDEA elects to initiate due process:
If DoDEA initiates a due process hearing and the outcome is that the DoDEA evaluation is appropriate,
the parents still have the right to an IEE, but not at DoDEA expense. If the parents share with DoDEA an
IEE obtained at private expense, the Case Study Committee (CSC) must meet to determine whether the
IEE meets DoDEA criteria. If it does, the CSC must consider the IEE findings in any decision made with
respect to the provision of a free and appropriate public education to the student. DoDEA is not
required to follow the findings but must consider the findings and provide PWN addressing any
decisions made regarding the recommendations from the IEE.
If DoDEA elects to agree to fund an IEE:
If DoDEA agrees to fund the IEE, DoDEA must act without unnecessary delay. DoDEA must provide the
parents with the criteria that DoDEA requires for an IEE (see DoDEA criteria section below). DoDEA must
also provide the parents with a list of qualified examiners that meet the DoDEA criteria. The parents are
not required to use an examiner listed by DoDEA, but if the parent elects to choose their own examiner,
DoDEA must approve that the examiner meets the criteria prior to agreeing to payment. The special
education (SPED) instructional systems specialist (ISS) must alert the district procurement office of the
potential payment that will be required (see procurement section below).
DoDEA Criteria for IEE:
1.) The evaluation, when possible, must be conducted in the geographic area where the student
resides, utilizing available qualified resources, including qualified evaluators employed by the
Military Department, unless the parent can demonstrate to the satisfaction of the DoDEA school