How to Request an IEE at Public Expense in Michigan

Q: How many independent evaluations can I get?

You are entitled to one Independent Educational Evaluation at public expense each time the district conducts an evaluation you disagree with. If the district evaluates your child again later and you disagree again, you can request another one.

Q: Can the independent evaluation include a behavioral assessment?

Yes. For a neurodivergent child, the independent evaluation can include a behavioral assessment, also called a functional behavioral assessment, done by a qualified evaluator. That outside look at behavior is often the most useful part of the evaluation.

When a school district evaluates your child and you do not agree with what it found, you have a real tool. You can ask for an Independent Educational Evaluation, usually shortened to IEE. This is an evaluation by a qualified person who does not work for the district, and in many cases the district has to pay for it.

This page walks through how that works, step by step. For the bigger picture of how Michigan special education fits together, see the plain-English guide. To learn more about what we do in this area, visit our special education page.

The core right, in one paragraph. If you disagree with the district's evaluation, you can request an Independent Educational Evaluation. Once you do, the district must do one of two things without unnecessary delay. It either pays for an independent evaluation by a qualified evaluator who does not work for the district, or it files for a due process hearing to defend its own evaluation, where the district carries the burden of proof. You are entitled to one IEE at public expense each time the district runs an evaluation you disagree with, and for a neurodivergent child that evaluation can include a behavioral assessment.

Step one: know when you qualify

The right to an IEE at public expense starts with one thing: you disagree with the district's evaluation of your child. That is the trigger. You do not have to prove the district got it wrong before you ask. You just have to disagree.

People disagree for all kinds of reasons. Maybe the evaluation missed an area you know is a problem. Maybe it tested for the wrong thing, or the results do not match the child you live with every day. Maybe the behavior side of the picture got skipped entirely. Any of those is a fair reason to want an outside look.

One point to keep clear: the district has to have actually evaluated your child first. The IEE right is your response to the district's evaluation, not a substitute for asking the district to evaluate in the first place.

Step two: put the request in writing

Make your request in writing and keep a copy. This matters. A written request creates a record of what you asked for and when, and your rights are tied to that record.

Your request does not need to be long or formal. A short email or letter is enough. Say clearly that you disagree with the district's evaluation and that you are requesting an Independent Educational Evaluation at public expense. You generally do not have to prove the district's evaluation was wrong to be entitled to the IEE. Stating your disagreement is the key part.

Name your child and the evaluation you disagree with.
State plainly that you are requesting an IEE at public expense.
Keep a dated copy of what you sent and how you sent it.

Step three: the district must pay or go to a hearing

Once you have made the request, the ball is in the district's court. Without unnecessary delay, it must do one of two things:

Pay for the independent evaluation. The district funds an evaluation by a qualified evaluator who does not work for it.
File for a due process hearing. The district asks a neutral hearing officer to decide that its own evaluation was appropriate. At that hearing, the district carries the burden of proof. It has to defend its work, not the other way around.

What the district is not supposed to do is simply say no and leave it there. If it wants to refuse the IEE, the proper path is to file for a hearing and defend its evaluation, where it carries the burden.

Step four: choosing the evaluator and what it can cover

The independent evaluator must meet the same criteria the district uses for its own evaluations, things like the evaluator's qualifications and where the evaluation takes place. That keeps the IEE on the same footing as a district evaluation. At the same time, the district cannot pile on conditions that unreasonably deny your right to the IEE. The criteria have to be reasonable, not a way to block you.

For a neurodivergent child, the IEE can include a behavioral assessment, sometimes called a functional behavioral assessment, done by a qualified evaluator. For many kids, that behavioral look is the most useful part. It can surface what is actually driving behavior at school and point toward what your child needs. To understand how the law treats neurodivergent students more broadly, see Neurodivergence & the Law.

Step five: if the district refuses or stalls

Most of the time the process works the way it should. But if the district refuses your request without filing for a hearing, or just goes quiet, you still have options:

File a state complaint. You can file a written complaint with the Michigan Department of Education that the district did not follow the rules. The state investigates and issues a decision.
File a due process complaint. You can bring the dispute to a neutral hearing officer yourself.
Talk to an attorney. An IEE dispute can be a sign of a larger problem with how your child is being evaluated and served. An attorney can tell you whether that is the case and what to do next.

If you are not sure which path fits your situation, that is a good moment to ask for help. You can contact us and we will talk it through with you.

Frequently asked questions

Does the school have to pay for an independent evaluation?

Often, yes. If you disagree with the district's evaluation and request an IEE, the district must, without unnecessary delay, either pay for an independent evaluation by a qualified evaluator who does not work for it, or file for a due process hearing to defend its own evaluation. At that hearing the district carries the burden of proof.

How many independent evaluations can I get?

You are entitled to one IEE at public expense each time the district conducts an evaluation you disagree with. If the district evaluates your child again later and you disagree again, you can request another one.

What if the district refuses my request?

If the district does not agree to pay, it is supposed to file for a due process hearing to defend its evaluation, not just ignore you. If it stalls or refuses without doing that, you can file a state complaint with the Michigan Department of Education, file a due process complaint, or talk to an attorney about your next step.

Can the independent evaluation include a behavioral assessment?

Yes. For a neurodivergent child, the IEE can include a behavioral assessment, also called a functional behavioral assessment, done by a qualified evaluator. That outside look at behavior is often the most useful part.

This page is general information about Michigan and federal special education law. It is not legal advice, and reading it does not create an attorney-client relationship. The details of your child's situation matter, and the law can change. For advice about your case, talk to an attorney.

How to get an independent evaluation, at the district's expense.