Under federal law, the school has 60 days from the date you give written consent to complete the initial evaluation. Many states have shorter timelines. If the school misses the deadline, that’s a procedural violation and you can file a complaint.
The Federal Timeline
Once you sign consent for your child to be evaluated, the clock starts. IDEA requires that the initial evaluation be completed within 60 days — or within the timeframe your state has established, if it’s shorter. This is not 60 school days. It’s 60 calendar days unless your state specifies otherwise.
34 C.F.R. § 300.301(c)(1) — Each public agency must ensure that the initial evaluation is conducted within 60 days of receiving parental consent for evaluation, or within the timeframe established by the State.
State Timelines Vary
Several states have timelines shorter than 60 days. For example, Alabama uses 60 calendar days. Connecticut uses 45 school days. Georgia uses 60 calendar days. Massachusetts uses 30 school days for initial evaluations. California uses 60 calendar days. New York uses 60 calendar days. Texas uses 45 school days. Always check your state’s specific rules — the shorter timeline is the one that applies.
When Does the Clock Start?
The timeline begins on the date the school receives your signed consent form — not when they requested it, not when the meeting was held, and not when they “get around to it.” This is why you should always keep a copy of the signed consent form with the date.
Schools sometimes delay by “losing” consent forms, waiting weeks to schedule testing, or claiming the evaluator is unavailable. None of these are valid excuses. The law says the evaluation must be completed within the timeline. Period.
What If They Miss the Deadline?
Step 1: Send a written request (email) to the Special Education Director noting the date you gave consent and that the evaluation timeline has expired.
Step 2: Request an immediate completion date in writing.
Step 3: If the school does not respond or continues to delay, file a state complaint. A missed evaluation deadline is a clear procedural violation under IDEA.
Step 4: Consider requesting an Independent Educational Evaluation (IEE) at public expense if the school’s delay is affecting your child’s access to services.
34 C.F.R. § 300.301(d) — The 60-day timeline does not apply if the parent repeatedly fails or refuses to make the child available for evaluation, or if the child transfers to another district during the evaluation period (though the new district must still complete the evaluation as quickly as possible).