School evaluations shape everything that follows: eligibility, the IEP's goals, the services and the placement. If you think the district's evaluation missed something about your autistic child, Florida law gives you the right to a second opinion from someone outside the district, and in many cases the district has to pay for it. This guide explains the independent educational evaluation (IEE) rule, how it compares with an evaluation you pay for yourself, and how to ask.
What does Florida's IEE rule actually say?
The rule is Rule 6A-6.03311(6), Florida Administrative Code, part of Florida's procedural safeguards. Its first sentence sets the right:
(a) A parent of a student with a disability has the right to an independent educational evaluation at public expense if the parent disagrees with an evaluation obtained by the public agency, including a school district.
The rest of subsection (6) fills in the details:
- Who does it: an IEE is "an evaluation conducted by a qualified evaluation specialist who is not an employee of the public agency, including a school district, responsible for the education of the student in question" (6)(c).
- "Public expense" means the district "either pays for the full cost of the evaluation or ensures that the evaluation is otherwise provided at no cost to the parent" (6)(d).
- Information on request: when you ask, you have the right to information "about where an independent educational evaluation may be obtained" and about the district's criteria for IEEs (6)(b).
- Same criteria as the district: the location and examiner qualifications must match the criteria the district uses for its own evaluations, "to the extent that those criteria are consistent with the parent's right" to an IEE (6)(e). The district "may not impose conditions or timelines" beyond those criteria (6)(f).
- No required explanation: the district may ask why you disagree, but "the explanation by the parent may not be required" (6)(h).
- One per disagreement: "A parent is entitled to only one (1) independent educational evaluation at public expense each time" the district conducts an evaluation the parent disagrees with (6)(i).
What must the district do after I ask?
Paragraph (6)(g) gives the district two choices, and it must take one "without unnecessary delay":
- "Ensure that an independent educational evaluation is provided at public expense; or
- Initiate a due process hearing under this rule to show that its evaluation is appropriate or that the evaluation obtained by the parent did not meet the public agency's... criteria."
If the district goes to a hearing and the administrative law judge (ALJ) decides the district's evaluation was appropriate, "the parent still has a right to an independent educational evaluation, but not at public expense." The district also "may not unreasonably delay" either option (6)(h). The rule does not give a fixed number of days, so put your request in writing and note the date. If an ALJ asks for an IEE as part of a hearing, it is at public expense (6)(k).
IEE at public expense vs a private evaluation: how do they compare?
Some families skip the IEE process and pay for a private evaluation, sometimes through health insurance. Both count. Rule 6A-6.03311(6)(j) says that if a parent obtains an IEE at public expense "or shares with the public agency... an evaluation obtained at private expense," the district "shall consider the results of such evaluation in any decision regarding the provision of FAPE to the student, if it meets appropriate district criteria," and the results "may be presented by any party as evidence at any due process hearing."
| Question | IEE at public expense | Privately paid evaluation |
|---|---|---|
| When you can use it | After the district has done an evaluation you disagree with | Any time |
| Who pays | The district (or it is provided at no cost to you) | You, or your health plan if it covers the evaluation |
| Who chooses the examiner | You, within the district's criteria for qualifications and location | You |
| What it must cover | The areas of the evaluation you disagree with, to district criteria | Whatever you and the examiner agree; school-relevant areas help most |
| Must the district consider it? | Yes, if it meets district criteria (6)(j) | Yes, if you share it and it meets district criteria (6)(j) |
| Can the district refuse? | Only by filing for due process to defend its evaluation | No permission needed; the district decides how much weight to give it |
| Usable at a hearing | Yes | Yes |
A medical autism diagnosis from a private evaluator is useful, but it is not the same as school eligibility. Florida's ASD eligibility rule (Rule 6A-6.03023) requires the district's own components and a finding that the child needs special education. See Florida ESE autism eligibility.
When does asking for an IEE make sense?
Families commonly consider an IEE when:
- the district found your child not eligible, or eligible under a category that does not fit (for example, a speech-only eligibility for a child with broader social communication needs);
- the evaluation left out an area you raised, such as adaptive behavior, sensory needs or behavior;
- the results do not match what you, your child's doctor or your ABA team see across settings;
- the district plans to reduce or end services based on a reevaluation.
Florida's ASD rule requires, "If behavioral concerns are present, a functional behavioral assessment" to inform the IEP (Rule 6A-6.03023(3)(f)). If you disagree with a district FBA, ask the district in writing whether it treats that FBA as an evaluation for IEE purposes; practice varies, and an advocate or attorney can advise. Read more about functional behavior assessments.
How do I request an IEE? A step-by-step guide
- Get the evaluation report. Ask for a copy of every report and score summary. Read it before the eligibility or IEP meeting if you can.
- Say you disagree, in writing. Send a short letter or email to the ESE contact or staffing specialist. You do not have to explain why.
- Ask for the district's IEE criteria and the list of where an IEE can be obtained, as (6)(b) allows.
- Choose an examiner who meets those criteria. Ask the examiner to confirm their qualifications in writing.
- Track the response. The district should either arrange the IEE at public expense or file for due process. If you hear nothing, follow up in writing.
- Share the results and ask for a meeting to consider them, as (6)(j) requires.
A short request might read: "I disagree with the [type] evaluation completed on [date] for [child's name]. Under Rule 6A-6.03311(6), F.A.C., I am requesting an independent educational evaluation at public expense. Please send me the district's IEE criteria and information on where an IEE may be obtained."
Keep copies of everything. If the process stalls or turns into a dispute, review your options in IEP dispute options, including mediation, which the rule says "The Department will bear the cost" of. For legal questions about your child's case, speak with a Florida special education attorney or advocate.
How do reevaluations fit in?
Under Rule 6A-6.0331(7), a reevaluation happens when the district decides it is warranted or "if the student's parent or teacher requests a reevaluation." It "may occur not more than once a year, unless the parent and the school district agree otherwise and must occur at least once every three (3) years," unless both agree it is unnecessary. As part of any reevaluation, the team must review existing data, including "Evaluations and information provided by the student's parents" (Rule 6A-6.0331(8)(a)1.). Each new district evaluation you disagree with can support a new IEE request.
Where Hope Center fits
Hope Center offers diagnostic evaluations by our clinical director with a supervising licensed psychologist, and our BCBAs complete ABA assessments for treatment planning. A diagnostic evaluation is not automatically an IEE: whether an outside report meets the district's IEE criteria is for the district to decide, so check those criteria first. Our staff can also join IEP meetings where allowed to explain ABA data. Learn about evaluations at Hope Center, or contact us or call 561-337-8865 for a free consultation.