OSEP Letters, Part 2: The Truth About IEEs (Independent Educational Evaluations)

In Session 2 of our OSEP Letters series, Karen Mayer Cunningham—The Special Education Boss®—breaks down Independent Educational Evaluations (IEEs): what they are, when to request one, who chooses the evaluator, how districts must respond, and how to use OSEP guidance to keep your team compliant.

Using the February 20, 2004 OSEP letter to Dr. Parker, Karen covers:

• When an IEE is triggered: after a parent disagrees with a district evaluation (or part of it).
• The exact language: “I disagree with the evaluation—its data, summary, and conclusion.”
• Who chooses the evaluator? The parent—not the district—within reasonable criteria.
• District “lists”: helpful but not binding. Parents can pick off-list evaluators who meet criteria.
• Costs & criteria: IEEs are at public expense; districts can set reasonable qualifications & location—not impose extra conditions/timelines.
• What if the district says “no”? They must without unnecessary delay either (1) file due process to defend their eval, or (2) fund the IEE.
• Reality check: Why forcing due process over an IEE is usually a bad district bet—and how to respond if they posture but never file.
• Important nuance: Districts must receive and consider IEE results, but are not required to implement every recommendation.
• Pro tips for choosing providers (experience, report quality, district familiarity) and red flags (open schedule tomorrow = 🚩).

💡 Karen also shares how to attach OSEP letters to deliberations and state complaints to keep the legal guardrails visible for everyone at the table.

👉 Keep learning with us:

• The Academy (weekly PD): https://www.skool.com/special-education-academy/about
• EPIC IEP Intensive – 2 Day Advocacy Intensive Training https://specialeducationacademy.com/training
• YouTube: https://www.youtube.com/@specialeducationacademy
  
  

“When we get it right for the child, we get it right for everybody.” — Karen

Support the show

✨ When we get it right for the child, we get it right for everybody. ✨

👩‍⚖️ Hosted by Karen Mayer Cunningham, Advocate & Special Education Boss®
Each week, Karen shares real stories, legal insights, and no-nonsense strategies to help you navigate special education with clarity and confidence.

👉 Subscribe & never miss an episode — new episodes drop every week!
🎓 Join The Academy: Weekly live trainings + 250+ hours of advocacy tools & expert resources
🔗 Learn more at The Academy

📬 Have a question? Email us at [e-mail]

📱 Follow Karen on:

• TikTok & Instagram: @specialeducationboss
• YouTube: Special Education Academy

🧠 Want to level up your advocacy game?
Check out the Advocate's Bookshelf — a curated collection of must-have tools, guides, and legal references every special education advocate should own. From federal code to diagnostic manuals, these are the essentials that help you advocate with clarity and confidence.

📚 Browse now: https://amzn.to/3RiQPLl
(As an Amazon Associate, Karen may earn a small commission if you make a purchase — at no extra cost to you.)

...