IDEA defines Independent Educational Evaluation (IEE) as "an evaluation conducted by a qualified examiner who is not employed by the public agency responsible for the education of the child in question" at public expense, which means the school has to pay for it. This definition comes straight from IDEA CFR 34 300.502.

If the parents disagree with the district’s own evaluation they may request that the district do an IEE, always in writing. The public agency or district must then provide to the parents information about where an IEE may be obtained and the agency criteria for the IEE. The IEE examiner must be qualified to administer the evaluation, and the IEE must be paid for by the district. The district may ask why you are requesting an IEE and all you need to say or put in writing is because you disagree with the evaluation they provided you.

You may disagree because it was not done by the properly qualified personnel or it wasn’t administered correctly or that you doubt the accuracy of the evaluation. You may only have one IEE at public expense, so make sure you choose the best examiner. If the parent had an IEE done at their expense and they share the results with the district the district, must “consider” the results of the evaluation when the material is presented to them for examination.

Now in Ohio, many districts feel that they do not have to use a private IEE as basis for an IEP, but if you have a good basis from a qualified examiner you must fight to get the goals on the IEP that this IEE supports. If your district refuses to use the information you provide to them, you may file a complaint with your state education agency to get the district to consider your IEE. IEE are also done for evidence in Due Process proceedings, usually requested by the hearing officers. In this case it must also be paid for by the district.

To see the specific law on IEE go to IDEA Regulations page 46791-46792 of the register or page 253-254 of the PDF file.

504 is a section of the Rehabilitation Act of 1973 which prohibits discrimination of individuals of the basis of disability. Section 504 of the act deals with education as well as other areas of public facilities, such as the post office. 504 prohibits discrimination of children who are disabled attending public school systems.

With IDEA, a child with a disability after identification of such, is placed on an Individualized Education Plan IEP, which clearly states the disability, the present levels of that disability, the annual goal and the short term goals to overcome or cope with that disability. There is a formalized plan that is agreed upon by the district and parents and it is signed every year as a new one has to be developed on a yearly basis.

The 504 plan is not used as often as an IEP but can be broader than an IEP. The 504 plan will address accommodations, modifications, goals, behavior and any thing else that is a concern to the child, including medical accommodations. For children who do not meet the criteria required for an IEP, the 504 is the perfect solution. The 504 plan also should be revisited on a yearly basis at least and sooner if problems arise that need to be dealt with. In appearance the 504 plan is usually simpler in appearance but has the same components as the IEP. It should have present levels of performance, goals, accommodations, who is responsible for the goal, the date to begin and end and the date to review. A sample 504 Plan can be seen in the "Sample Documents" section of this website.

The Office of Civil Rights is the agency that oversees discrimination of the 504 plan, so if a conflict arises with the district the complaint should be addressed to the Office of Civil Rights. To see this law go to 34 C.F.R Part 104.

First of all, if your child has been diagnosed with a disability and is having difficulty in school and not able to keep up with the other children his/her age, then your child deserves a FAPE. If the school refuses to educate your child after you have given them the doctor’s diagnosis and clear written proof of his/her inability to succeed in school then you have a basis for a complaint.

Each state has their own procedures for a complaint management system. The best way to find out what your complaint system is, is to go to the website for your state department of education and look for the section for disabled students, under that section should be instructions on how to file a complaint against your school district. If there isn’t then you need to call the state’s special education department and request that they tell you how to file a formal complaint against your school district. In Ohio there are forms that we fill out to file a complaint against our school districts. Once these complaints are filed in writing the state department only has 60 days to determine if your district is at fault with not providing your child a FAPE.

IF they are found at fault the state will issue a "letter of finding" telling the district that they are at fault and they will instruct them as to what they must do to resolve the issue. If the district does not do what the state directs them to do they can be fined by the state or their state funds revoked. Districts do not like this course of action and will generally do everything possible to settle a dispute if this action is taken.

Sometimes all the parent has to do is to threaten to file a complaint with the state government and the district will then start to identify and serve the struggling child. However there are those districts that have to be taken to task to prove you are serious. Filing a complaint is fairly easy and if you don’t understand the forms, just writing a letter to the state department about what the district is refusing to do can serve as your formal complaint.

REMEMBER, districts do not have to act on oral complaints, only formal written complaints. So always put your complaints in writing! You can see an example of a complaint in the "Sample Documents" section of this website. Also if your state education department refuses to act on your complaint you can file a complaint with the US Department of Education against your state for refusing to obtain the FAPE that your child deserves.

The address for this complaint should be sent to:

• Office of Special Education Programs
• 400 Maryland Avenue SW
• Washington D.C. 20202

If you want to call them, call 1-202-245-7459.