IEE Rights Upheld - Delano Public Schools and L.L.B.
- Bekah Miller
- Jul 22
- 2 min read
Updated: 6 days ago
MINNESOTA SUPREME COURT DENIES THIRD SCHOOL DISTRICT ATTEMPT TO IMPAIR STUDENT AND PARENT RIGHTS
In Re: Remand Decision File 24-170R on behalf of L.L.B. from Delano 0879-01
Nonprecedential Opinion, A-25-1337 (Minn. Ct. App., April 27, 2026)
On July 15, 2026, the Minnesota Supreme Court denied the Petition for Certiorari of the Delano Public Schools to be heard on an appeal for the third time to permit schools to violate the rights of students with disabilities and their parents. This decision ended a dispute that has spawned decades and resulted in the wrongful denial of Independent Educational Evaluations to parents and students when they dispute school district evaluations of a student with disabilities under the Individuals with Disabilities Education Act. The thoughtful and well-reasoned decision from the Minnesota Court of Appeals now stands as the final word on this matter, preserving one of the most important parental safeguards from erosion.
This case arose from a state complaint decision in favor of L.L.B. and his Parents filed with the Minnesota Department of Education. The Parents disputed the appropriateness of their child’s special education evaluation and requested an Independent Educational Evaluation (IEE) at public expense, as is their right. 34 C.F.R. § 300.502(a)(3)(i), (b)(1) (2025). School districts have two options to respond to such requests without unnecessary delay: 1) file a due-process complaint with the state educational agency to request a hearing to defend the disputed evaluation; or 2) ensure that the IEE is provided at public expense. 34 C.F.R. §§ 300.502(b)(2), .508(a) (2025). Instead of complying with this clear directive, the Delano Public Schools insisted that it had a third option: to offer to “makeover” the disputed evaluation. The Minnesota Department of Education disagreed, as did the Minnesota Court of Appeals. The Minnesota Supreme Court denied the appeal of the Delano Public Schools
What this means
This means that school districts must respond in a reasonable time to parent requests for an IEE at public expense by either initiating a due-process hearing to defend its evaluation or agreeing to pay for the IEE. The school district violates the IDEA by seeking instead to reevaluate the student as that is not one of the two options provided in the law. Be aware that many public schools have baked into their IEE Criteria the fallacy that a third option exists – a makeover evaluation. Consult right away with legal counsel if you face this problem.
