Use the federal definitions precisely

Section 300.502 defines an independent educational evaluation by who conducts it, and defines public expense as the public agency paying the full cost or ensuring the evaluation is otherwise provided at no cost to the parent. A family-paid evaluation may be independent, but that fact alone does not establish a right to public payment.

34 CFR § 300.502: Independent educational evaluation

Identify the public-agency evaluation in dispute

The regulation states that a parent has a right to an IEE at public expense when the parent disagrees with an evaluation obtained by the public agency, subject to listed conditions. Record the agency evaluation, date, disagreement, and current responsible agency. Do not assume that homeschooling creates, preserves, or ends the right without a setting-specific answer.

34 CFR § 300.502: Independent educational evaluation

Ask for the agency process before choosing an evaluator

When a parent requests an IEE at public expense, the regulation says the public agency must, without unnecessary delay, either file a due process complaint to defend its evaluation or ensure an IEE is provided at public expense, subject to the rule’s conditions. The agency must provide information about where an IEE may be obtained and its applicable criteria. Ask for the current written process; this page does not start or decide it.

34 CFR § 300.502: Independent educational evaluation

Original question record: evaluation identity and payment

Complete the record before scheduling. It organizes facts and questions; it is not a request, consent form, procedural notice, evaluator approval, or legal interpretation.

QuestionEvidence to record
What evaluation is being discussed?Public-agency evaluation title, date, examiner, areas assessed, and report
What is the parent’s disagreement?Specific concern stated in the parent’s own words
Who is the responsible public agency now?Named agency, contact, enrollment or setting facts, and written response
What process and criteria apply?Request route, agency criteria, location limits, timelines stated by the agency, and procedural safeguards
What has been authorized?Private payment, public expense, or unresolved; exact written authorization before incurring cost

Keep consideration of results separate from payment

Section 300.502 says a qualifying parent-obtained evaluation must be considered by the public agency in specified decisions if it meets agency criteria, and may be presented as evidence in a due process hearing. Consideration does not mean automatic agreement, eligibility, services, reimbursement, or a particular outcome.

34 CFR § 300.502: Independent educational evaluation

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Sources for this page

Section 300.502 supplies the federal IEE definitions, public-expense conditions, agency response choices, criteria, and treatment of results; it does not resolve which agency or procedure applies to every homeschool arrangement. Any checklist or comparison record on this page is original SEH editorial material, not an official form, legal opinion, validated assessment, funding decision, provider verification, or outcome guarantee. This revision remains pending educator review; verify the current facts for the learner, education arrangement, program, and provider before acting.

Ledger access date: 2026-09-11

Official checks before you act

Because homeschool law, special education services, and funding rules vary, verify requirements with your state education department, local district, official ESA or scholarship program, and qualified providers. Keep screenshots or PDFs of official guidance with your records.

Frequently asked questions

Is every private evaluation an IDEA IEE at public expense?

No. A private evaluation may meet the definition of an independent evaluation, but public expense is a separate question tied to disagreement with a public-agency evaluation and the conditions in § 300.502.

Does homeschooling automatically make the district pay?

This source does not establish that result. Ask the responsible agency how the child’s current education arrangement affects the request and obtain the process in writing.

Should a parent schedule first and request reimbursement later?

Do not assume reimbursement. Ask for the agency’s current IEE process, criteria, and written response before committing to an expense.