Special Education Policy Memo SY2024-2025 — 7

Clarification on Independent Educational Evaluations

To:	Special Education Administrators, Directors of Charter Schools, Parents of Students with Disabilities, Directors of Approved Special Education Schools, and Other Interested Parties
From:	Jamie Camacho, Acting State Director of Special Education
Date:	June 13, 2025

The purpose of this policy memo is to clarify school district's responsibilities under federal and state special education laws and regulations for providing a publicly funded independent educational evaluation (IEE) for a student. The federal Individuals with Disabilities Education Act (IDEA), Part B regulation relating to IEEs is found at 34 C.F.R. § 300.502 . The additional state standard, which exceeds the minimum requirements set by IDEA and provides parents¹ with a separate, entirely voluntary option is described at M.G.L. c. 71B, § 3 ¶ 10 and 603 CMR 28.04(5).

Federal Requirements

A parent of a child with a disability is entitled to an IEE in one, more than one, or all of the areas assessed by the school district per evaluation cycle at public expense if the parent disagrees with an evaluation obtained by the public agency², subject to 34 C.F.R. § 300.502(b)(2) through (4).³ Under IDEA, Part B, an evaluation is defined as the procedures used to determine whether a child has a disability and the nature and extent of the special education and related services that the child needs.⁴ An initial evaluation of the child is the first completed assessment of a child to determine if the child has a disability under IDEA, Part B, and the nature and extent of special education and related services to be provided. When conducting an evaluation, the school district must "use a variety of assessment tools and strategies to gather relevant functional, developmental, and academic information about the child, including information provided by the parent, that may assist in determining" whether "the child is a child with a disability" and "the content of the child's IEP, including information related to enabling the child to be involved in and progress in the general education curriculum (or for a preschool child, to participate in appropriate activities)".⁵ must occur at least once every 3 years, unless the parent and the public agency agree that a reevaluation is unnecessary.⁶

When a parent disagrees with the evaluation or reevaluation obtained by the public agency, the parent has the right to request an IEE at public expense, subject to the conditions in 34 C.F.R. § 300.502(b)(2) through (4).⁷ If a parent requests an IEE at public expense, the public agency must, without unnecessary delay, either:

file a due process complaint to request a hearing with the Bureau of Special Education Appeals (BSEA) to show that its evaluation is appropriate; or
ensure that an IEE is provided at public expense, unless the agency demonstrates in a BSEA hearing that the evaluation obtained by the parent did not meet agency criteria.⁸

Massachusetts state law further specifies that "the school committee may initiate within five school working days of the request, a hearing with the bureau of special education appeals to show that its evaluation is appropriate, in accordance with the provisions of the Individuals with Disabilities Education Act" and its regulations.⁹ If the public agency files a due process complaint to request a hearing and the final decision is that the agency's evaluation is appropriate, the parents/guardians still have the right to an IEE, but not at public expense.¹⁰

Voluntary Option Available to Parents in Massachusetts

In addition to a parent's right to request an IEE under federal law, Massachusetts state law also provides an additional, voluntary standard that parents may elect to utilize should they disagree with the district's evaluation and wish to receive an IEE. Specifically, "parents may choose, on a voluntary basis, to share the costs of the independent evaluation with the school committee pursuant to a sliding fee scale established" in the special education regulations, and the school district must pay its share of the costs.¹¹ With this option, the district does not have the option to request a due process hearing to show that its evaluation of your child is appropriate. Students who are eligible for free or reduced cost lunch.¹² When the parent seeks and receives public funding for an IEE under these provisions, "the parent may request independent assessments in one, more than one, or all of the areas assessed by the school district."¹³ The parent has the right to request a publicly funded IEE under this provision for "16 months from the date of the evaluation with which the parent disagrees."¹⁴ When the parent voluntarily requests public funding for an IEE under the Massachusetts standard, the district must abide by the sliding fee scale in 603 CMR 28.04(5)(c)4.

Provision of financial information by the family is completely voluntary.¹⁵ If the family financial status is not known, the district must offer the parent information about the sliding fee scale and the opportunity to voluntarily provide family income information to determine what the district would be required to pay under the sliding fee scale should the parent decide to utilize the voluntary Massachusetts standard.¹⁶

If the family decides to voluntarily provide financial information, such information must include anticipated annual income of the family, including all sources of income and verifying documents. Financial information shall be reviewed by the district, kept confidential during review by the district, and may not be copied or maintained in any form at the district except to note that information was provided and reviewed and met or did not meet sliding fee scale standards. Financial documents must be promptly returned to the parent upon the district's determination of financial income status. If the family does not meet income eligibility standards, chooses not to provide financial documentation to the district establishing family income level, or does not decide to voluntarily utilize the Massachusetts sliding fee scale for any reason, the school district shall respond in accordance with the requirements of federal law, as described above.

Responsibilities for School Districts

Whenever possible, the IEE must be completed and a written report sent no later than 30 days after the date the parent requests the IEE. If publicly funded, the report shall be sent to the parents and to the school district. The independent evaluator shall be requested to provide a report that summarizes, in writing, procedures, assessments, results, and diagnostic impressions as well as educationally relevant recommendations for meeting identified needs of the student. Within ten school days from the time the school district receives the report of the IEE, the Team shall reconvene and consider the IEE and whether a new or amended IEP is appropriate.

Districts should refer parents to the Parent's Notice of Procedural Safeguards for more information and an explanation of the process and their right to an IEE under both federal and state law. ¹⁷

If you have additional questions related to these requirements, please contact the department at specialeducation@mass.gov .

¹ 34 C.F.R. § 300.30 and 603 CMR 28.02(15).

² Public agency is defined in 34 C.F.R. § 300.33 to include local educational agencies.

³ 34 C.F.R. § 300.502(b)(1).

⁴ See 34 C.F.R. § 300.15.

⁵ 34 C.F.R. § 300.304(b)(1).

⁶ 34 C.F.R. § 300.303(b)(2).

⁷ 34 C.F.R. § 300.502(b)(1).

⁸ 34 C.F.R. § 300.502(b).

⁹ M.G.L. c. 71B, § 3 ¶ 10 .

¹⁰ 34 C.F.R. § 300.502(b)(3).

¹¹ M.G.L. c. 71B, § 3 ¶ 10 .

¹² 603 CMR 28.04(5)(c).

¹³ 603 CMR 28.04(5)(c)5.

¹⁴ 603 CMR 28.04(5)(c)6.

¹⁵ 603 CMR 28.04(5)(c)2.

¹⁶ 603 CMR 28.04(5)(c)2.

¹⁷ For more information about the Parent's Notice of Procedural Safeguards, please see 34 C.F.R. § 300.504.

Last Updated: June 18, 2025