The 60 Day Deadline for an Initial Special Education Evaluation

What this notice usually means

Before a school can start special education services, it must fully evaluate the child. Under federal law, this evaluation is generally due within 60 days. The clock starts on the date a parent gives written consent for testing. This is a federal default only. Many states set their own timeframe instead. That state rule replaces the federal 60 days. The clock does not start on the date of the referral. It does not start on the date a parent first asked for testing either. It starts only when the parent signs consent. If a parent signs later than they first asked, the clock starts later too. There are two exceptions to the 60 day clock. First, it does not apply if a parent repeatedly fails or refuses to bring the child for testing. Second, it does not apply if a child moves to a new school district mid evaluation. This second exception only applies if the new district is making real progress. It also needs the parent and new district to agree on a finish date. This evaluation deadline is not the same as the deadline for the first IEP meeting. That meeting has its own 30 day clock, and it starts after a child is found eligible. This deadline is also not the same as a reevaluation of a child who already has an IEP. A reevaluation follows its own separate rules.