Your request for an independent evaluation was refused

You told the school you disagree with its evaluation and asked for an independent educational evaluation at the district’s expense, and the district has gone quiet, refused, or asked why before it will answer. No: once you ask for one, the district must, without unnecessary delay, either defend its own evaluation at a hearing or pay for your independent one (34 CFR 300.502(b)(2)). Start by pulling the IEP page or the letter the dispute turns on and writing down today’s date; every move below adds to that record.

By The Advocate Ally, checked against the rules it cites. Sources checked September 17, 2026.

What the rule says

“the public agency must, without unnecessary delay, either— file a due process complaint to request a hearing to show that its evaluation is appropriate, or ensure that an independent educational evaluation is provided at public expense”
34 CFR 300.502(b)(2)

The choice belongs to the district, not you: it answers by defending its evaluation in a hearing or by funding yours.

What to do this week, in order

Tonight, put your disagreement with the district’s evaluation in writing and ask for an independent educational evaluation at public expense.
Your written IEE request, dated and sent
Note the date your written request arrives, since the district must act without unnecessary delay to defend its evaluation or pay for yours.
Proof of when the district received it34 CFR 300.502(b)(2)
Ask what criteria the district applies to its own evaluations, since your evaluator must meet the same location and qualification standard.
Its stated criteria for location and credentials34 CFR 300.502(e)
Choose an evaluator who meets those criteria, complete the evaluation, and send the district a copy of the report.
The completed evaluation report, sent to the district
Request an IEP meeting, and if the results meet the agency’s criteria, ask the team to consider them in any decision about services.
Your meeting request and their written reply34 CFR 300.502(c)(1)

What to put in writing

Replace what sits in brackets and send it by email, so the date is fixed.

To: The district administrator who approves evaluation spending, with the school psychologist copied

Dear [Director’s name],

I disagree with the evaluation completed for [child’s full name] on [evaluation date] and am requesting an independent educational evaluation at public expense, in the area of [area evaluated]. Please tell me in writing whether the district will fund this evaluation or move to defend its own at a hearing, and share the criteria it uses for the evaluator’s location and qualifications. If the district declines, please send the refusal as a prior written notice that meets 34 CFR 300.503, with what was refused and why.

Best,
[Your name]

If the answer is no, it arrives as prior written notice: what was refused, why, and the records the district relied on (34 CFR 300.503(b)).

When to escalate, and to whom

Escalate when the written answer is a no, or when the record you built this week draws no answer at all.

The path	The count	How it runs
A state complaint	60 days to a decision	A signed letter to your state education agency about a violation inside the past year; the state decides in writing within 60 days.34 CFR 300.152(a), 300.153(c)
Mediation	Voluntary, at no cost to you	You and the district sit with an impartial mediator the state pays for; it can start before any complaint and may not delay a hearing.34 CFR 300.506(b)
A due process complaint	2 years to file	A hearing before an impartial officer; the district holds a resolution meeting within 15 days, and the decision is due 45 days after the 30-day resolution period.34 CFR 300.507(a)(2), 300.510(a)(1), 300.515(a)

Those counts are IDEA’s; your state may set its own window for due process, and publishes its own complaint form.

This page explains the federal rule, and it does not replace your state’s procedures, or advice from someone qualified to read your file.

Have the pages this dispute is about read back to you, free.

The review reads every page you upload, names the service, goal or wording that is vague or missing, and gives you its page number.

Review my IEP — free

Free, no card. It reads your pages and contacts no one.

Where this comes from

Independent educational evaluations (34 CFR 300.502)Source of the quotation.
Evaluation procedures (34 CFR 300.304)The standard your IEE is compared against.
Determining eligibility (34 CFR 300.306)How this evaluation feeds the team’s decision.
Prior written notice (34 CFR 300.503)What every no owes you.

When the paragraph needs to become a full letter, the letter templates carry one for each request.