After you send your letter/email to the school district, the school district must respond to your request “without unnecessary delay”. The law does not state how much time a school district is allowed to take to respond. The law does allow a reasonable but short period of time to allow the parent/guardian and the school district to talk and negotiate about the IEE request. Whether a delay is reasonable depends on the specific situation.
If the school district does not respond at all, it has failed to follow the law. If you do not receive any response from the school district, please go directly to Step 4 in this publication.
If the school district agrees to fund the IEE, then you can work with the school district to select your Independent Evaluator.
If the school district files for due process, be prepared to go to a hearing. You will need to explain to the judge why you think the school district’s evaluation is inappropriate. You will also need to explain why you need an IEE.
Step 3: Don’t Take “No” for an Answer
If the school district has not responded to your request or has denied your request without filing for due process, you should write another letter to the school district. In this letter, you should tell the school district that it has violated your rights under the following federal special education regulation: 34 C.F.R. Section 300.502(b).
If you do not receive a response from the school district, you should also tell the school district that you are taking their inaction to mean that the school district agrees to fund the IEE. Also, you can tell the school district either.
You will notify the school district that you will pay for an IEE and then send the bill for the IEE to the school district for reimbursement, or
You will ask the school district to directly pay the provider you have selected to conduct your IEE.
If you decide to move forward with an IEE without the school district’s response, make sure that the Independent Evaluator meets all of the school district’s IEE guidelines, including qualification criteria and cost. Neuropsychological Evaluations You could also choose not to write anything to the school district and go directly to Step 4 in this publication.
Step 4: If All Else Fails, File a Compliance
If the school district has still not approved the IEE or filed for due process against you, you can file a compliance complaint with the California Department of Education (“CDE”). In this complaint, you should say that the school district has violated your procedural rights under 34 C.F.R. Section 300.502(b) and request CDE to order the school district to provide you with an IEE immediately.