IEP evaluations · federal deadline
Is your child's evaluation overdue?
Enter the date you signed consent, and see exactly where your district stands against the federal 60-day clock — then generate the letter to send if they've missed it.
The main clock computes the federal floor (34 CFR §300.301(c)(1)). Selecting a state above checks it against that state's own regulation, researched and citation-verified for all 47 states that set their own timeline — most match or shorten the federal 60 days, but three (New Jersey, Alaska, West Virginia) set a longer one, so don't assume shorter. Montana, South Carolina and Wyoming aren't listed because they set no separate timeline at all: the federal 60 days is the rule there. Informational only, not legal advice; nothing you type is stored or sent anywhere — this all runs in your browser.
How this is calculated
Last reviewed: September 2026
The formula
Deadline = date of parental consent + 60 calendar days. Under 34 CFR §300.301(c)(1), a school district “must conduct [an initial] evaluation within 60 days of receiving parental consent for the evaluation” — unless the state establishes its own timeframe. This is the federal implementing regulation for the Individuals with Disabilities Education Act (IDEA), part of Title 34 of the Code of Federal Regulations. The count is calendar days, not school days, and includes weekends and holidays.
State-specific timelines
Many states set their own initial-evaluation timeline instead of relying on the federal default, and when a state has done this, its own rule controls. Selecting a state in the tool checks it against that state's own rule — researched and citation-verified for all 47 states that set one, each sourced to its own state code or administrative regulation, with the source linked under that state's result. Three (New Jersey, Alaska, West Virginia) set a longer timeline than the federal 60 days, so a state rule is not always the shorter one. Where a state counts in school or business days, or starts its clock at referral instead of consent, this tool shows the citation and figure but can't compute an exact date without more information than a consent date alone (a district's school calendar, or a referral date) — see the note under that state's result. Montana, South Carolina and Wyoming set no separate timeline, so the federal 60 days is the rule there.
What this doesn't cover
- The request-to-consent gap. The clock modeled here starts at signed consent, not at your initial request for an evaluation. Time your district takes deciding whether to evaluate at all, before consent is signed, isn't covered by this 60-day rule.
- Reevaluations. This tool is for an initial evaluation. Triennial and other reevaluations run on a different regulatory timeline.
- Formal due process. The generated letter is an informal written notice, not a due-process complaint or a substitute for a special-education attorney or advocate.
Frequently asked questions
What if my state has a different evaluation deadline than 60 days?
This tool's main clock computes the federal floor set by 34 CFR §300.301(c)(1). Selecting your state above checks it against that state's own regulation — researched and citation-verified for all 47 states that set their own timeline. Most match the federal 60 days or set a shorter one (some in school or business days rather than calendar days, which behaves differently), but three set a longer one — New Jersey and Alaska (90 calendar days) and West Virginia (80) — so don't assume a state timeline is always shorter. Montana, South Carolina and Wyoming set no separate timeline, so the federal 60 days is the rule there.
Does the 60-day clock start when I request an evaluation or when I sign consent?
It starts when the school district receives your signed consent for the evaluation — not when you first asked for one, and not when a meeting was scheduled. If you requested an evaluation but haven't yet signed a consent form, that's a separate step; the district generally has to respond to your request within a reasonable time before consent even comes into play.
What happens after I send this letter?
This letter puts your district on written notice and starts a paper trail — it's not a legal filing. A responsible district should respond with a completion date or an explanation. If the district doesn't respond or continues to miss deadlines, your next options include your state's special-education complaint process or requesting mediation, both described in the Procedural Safeguards Notice your district is required to give you.
Is this the same as filing a due process complaint?
No. This is an informal letter to open a dialogue and document the timeline — it doesn't start any legal proceeding. A due process complaint is a formal legal filing with its own rules and deadlines, typically handled with the help of a special-education attorney or advocate. This site doesn't generate those.
Related tools
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