Federal regulations state unequivocally that parents of a child with a disability have a right to obtain an IEE. An IEE is broadly defined 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." An IEE may be obtained by parents at their own expense or at public expense.

An IEE is not limited to evaluating only a child's academic or cognitive skills, but may include the evaluation of any skill related to the child's educational needs. Evaluations of neurological functioning, adapted physical education, sensory needs, behavior, aquatics, even music therapy, are but a few examples of the types of IEEs covered under the IDEA. Parents may obtain an IEE, for virtually any purpose if it impacts the child's education.