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SDLA Compliance Resource

Respond Without Unnecessary Delay to a Parent Request for an Independent Educational Evaluation

A neutral two-path response: fund the IEE under lawful criteria or file for due process to defend the LEA evaluation—without adding barriers, repeated demands, or an internal appeal.

  • Special Education
  • Assessment
  • Parent Rights
Date(s)Without unnecessary delay after the parent requests an IEE at public expense
Applies toParents who disagree with an LEA evaluation and request an independent educational evaluation at public expense

In Plain Language: When a parent disagrees with an LEA evaluation and requests an IEE at public expense, the LEA must, without unnecessary delay, either ensure the IEE is provided at public expense or file a due-process complaint to show its evaluation was appropriate.

Why this matters

The parent may explain the disagreement, but the LEA may not require an explanation or use meetings, forms, or local review steps to stall the two-path decision.

Joint ownership

Owner: special education administrator. Partners: parent, assessment lead, fiscal/contracts, records, SELPA/OAH process staff, and counsel as appropriate.

Operational workflow

  1. 1. Record the request date and identify the LEA evaluation at issue; do not demand special wording.
  2. 2. Promptly give the parent IEE sources, applicable criteria, scope and contracting/payment information in an understandable format.
  3. 3. Choose and document one path without unnecessary delay: fund/provide the IEE, or file due process to defend the LEA evaluation.
  4. 4. When an IEE is obtained at public or private expense and shared, ensure the IEP team considers it; document consideration without predetermining adoption.

The required two-path response

Parent requests IEE at public expense
Path A: LEA funds/provides under lawful criteria
Path B: LEA files due process without unnecessary delay
IEP team considers qualifying IEE information

Evidence to retain

  • Request and LEA-evaluation identification
  • Criteria/provider information delivered
  • Funding authorization or OAH filing date
  • Contracts/payment and evaluator records
  • IEP-team consideration and related PWN

Official guidance and help

Source review completed August 30, 2026. Verify current federal and California law, court or OAH instructions, local SELPA procedures, individual circumstances, and the exact service and records state before acting.