Justice O’Connor on IEE's

This is from Justice O’Connor’s decision in Schaeffer v Weast. I’m not an attorney, but I think that a Supreme Court interpretation is peremptory. I think the right to an IEE was an important consideration and one reason why they ruled the way they did. If this right doesn’t exist, one has to wonder if they would have ruled differently.

“They also have the right to an "independent educational evaluation of the[ir] child." Ibid. The regulations clarify this entitlement by providing that a "parent has the right to an independent educational evaluation at public expense if the parent disagrees with an evaluation obtained by the public agency." 34 CFR §300.502(b)(1) (2005). IDEA thus ensures parents access to an expert who can evaluate all the materials that the school must make available, and who can give an independent opinion. They are not left to challenge the government without a realistic opportunity to access the necessary evidence, or without an expert with the firepower to match the opposition.”