Special education evaluation timelines: the 60-day rule and state differences

By the IEP Atlas editorial teamLast updated November 1, 2026

Short answer

Under federal rules, an initial special education evaluation must be completed within 60 days of the school receiving the parent's written consent. That is the default. A state may set its own timeline instead, and many do, including some that count school days. Once a child is found eligible, the IEP meeting must follow within 30 days.

The 60-day rule is in 34 CFR 300.301(c). It says the initial evaluation must be conducted within 60 days of receiving parental consent, or within the timeframe the state establishes.^[1] That second clause matters. The federal number is the default. Your state's number, if it has one, is the one you track.

This page works through one fictional case with real dates, then lists the rules and exceptions in a table. For the full process from referral to IEP, see the IEP evaluation process guide.

When the clock starts

The clock starts on the day the school receives the parent's signed consent for the evaluation. It does not start when the parent sends a request letter, when a teacher makes a referral, or when the team meets to review data.^[1]

That gap between referral and consent is where cases stall. Federal rules do not set a number of days for the school to answer a referral. They do require the school to give the parent prior written notice when it proposes or refuses to evaluate.^[3] Some states add a deadline for that response, often counted from the date of the referral. If your state has one, track it as a separate date.

Log the receipt date the day the form comes back. Stamp it, scan it, and enter it in your tracking system. If a parent returns the form to a teacher who leaves it in a mailbox for a week, the school's receipt date is still the day the teacher got it.

How the days are counted

In the federal regulations, a "day" means a calendar day unless the rule says business day or school day.^[9] The 60-day rule does not say otherwise, so federally the count is 60 calendar days. Weekends, holidays and breaks all count.

States that set their own timeline may count differently. Some use school days, which pause over breaks. Some use a number other than 60. A few apply different counts to different age groups. Check your state's regulations, not a neighboring state's or a training slide from another district.

The IEP due date calculator takes the consent date and a number of days and returns the due date. Enter your state's number if it is not 60. If your state counts school days, use the calculator for a first estimate and then adjust it against your district calendar.

This is a fictional case. The dates are real 2026 calendar dates, so the day counts are accurate.

Jordan is a fifth grader. His teacher refers him for an evaluation in written expression and attention on Tuesday, April 14. The team reviews existing data and sends prior written notice with a consent form on Friday, April 24. Jordan's father signs and returns it on Monday, May 4. The last day of school is Friday, June 5.

Event	Date	Calendar days from consent
Teacher referral	Tue Apr 14	Before the clock
Notice and consent form sent	Fri Apr 24	Before the clock
School receives signed consent	Mon May 4	Day 0
Last day of school	Fri Jun 5	Day 32
Federal day 60	Fri Jul 3	Day 60

Under a 60-calendar-day rule, Jordan's evaluation is due on July 3, four weeks into summer. The team has three realistic choices:

Finish before school ends. Front-load the testing in May and hold the eligibility meeting by June 5. That is 32 days, which is tight but often doable for one or two areas.
Hold the meeting in summer. Finish the testing in May and schedule the meeting by July 3 with the staff who can attend. Some districts pay evaluators for summer meetings for this reason.
Agree on a different plan only if the rules allow it. The federal exceptions are narrow, and summer is not one of them. A state rule that counts school days would pause the clock in June, and the due date would move into the fall.

Under a state rule of 60 school days, the count would stop at school day 23 on June 5 (with Memorial Day off) and pick up again when school resumes. The due date would land in the fall. Same child, same dates, a due date three months apart. That is why the state rule is the first thing to look up.

Teams that see consent forms come back in late April and May often plan for this every year. One common habit is to schedule spring evaluators' calendars in March, before the referrals arrive.

Federal exceptions to the timeline

The federal rule names only two situations where the timeline does not apply.^[1]

The parent repeatedly fails or refuses to make the child available. One missed appointment is not enough. Document each attempt to schedule testing, with dates.
The child moves to a new district after the clock started and before eligibility is decided. The exception applies only if the new district is making sufficient progress toward finishing the evaluation, and the parent and the new district agree on a specific completion date.

For a suspected specific learning disability, the eligibility group and the parent can agree in writing to extend the timeline when more data are needed.^[4] That agreement should be specific and signed, not a verbal "let's give it more time."

Several common reasons are not exceptions under the federal rule:

Waiting for an intervention to finish or for more progress monitoring data, outside the written SLD extension. Federal guidance says a response to intervention process cannot be used to delay or deny an evaluation.^[7]
Staff shortages or a full evaluator caseload.
Summer or other breaks, where the state counts calendar days.
Waiting for an outside medical report.

Rules and where states differ

Rule	Federal requirement	Where states differ	Source
Initial evaluation deadline	60 days from receipt of consent, or the state's timeframe	Some states use a different number or school days	34 CFR 300.301(c)^[1]
How days are counted	Calendar days unless a rule says otherwise	State rules may define school or business days	34 CFR 300.11^[9]
Response to a referral	Prior written notice of the decision; no set number of days	Some states set a response deadline from referral	34 CFR 300.503^[3]
What must be done in the window	The evaluation	Some states require the eligibility decision in the window too	State rules
Exceptions	Child not made available; transfer with an agreed date	States may add procedures for documenting exceptions	34 CFR 300.301(d) and (e)^[1]
SLD extension	Group and parent may extend by written agreement	Forms and limits vary	34 CFR 300.309(c)^[4]
IEP after eligibility	Meeting to develop the IEP within 30 days of the eligibility decision	Some states set a shorter window	34 CFR 300.323(c)^[5]
Reevaluation	At least every 3 years, not more than once a year unless both agree	Some states apply timelines to reevaluations too	34 CFR 300.303^[2]
Transition from early intervention	IEP in place by the child's third birthday	States set their own referral steps and dates	34 CFR 300.124^[6]

The 30-day IEP window after eligibility

The 60-day rule covers the evaluation. A second clock follows it. When the team decides a child needs special education, a meeting to develop the IEP must be held within 30 days of that decision.^[5] Services then start as soon as possible after the IEP is developed.

In Jordan's case, if the team decides eligibility on Thursday, June 4, the IEP meeting is due by Saturday, July 4. Teams in that spot often write the IEP at the eligibility meeting, so the student starts the fall with services in place instead of waiting for a September meeting.

Reevaluation timelines

A reevaluation must happen at least once every 3 years unless the parent and the school agree it is not needed. It may not happen more than once a year unless both agree.^[2] The 3-year date is a ceiling, not a target. Start the review of existing data early enough that any new testing finishes before the due date.

The federal 60-day rule is written for initial evaluations. Many states apply a timeline to reevaluations as well, sometimes the same one. Track both with the same care. A reevaluation that lapses leaves a student's eligibility resting on old data.

Keeping a caseload on time

Track three dates per student: referral received, consent received, and the due date under your state rule.
Count back from the due date. Set testing finished at day 45 and the report shared at day 50, leaving room for scheduling.
Write down every scheduling attempt when a student is absent or a family is hard to reach. That record matters if the "not made available" exception ever comes up.
Share the report early. Families read faster at home than in the meeting, and the guide on how to read a psychoeducational report helps them prepare.
Watch the calendar in spring. Consent forms signed after mid-April often have due dates past the last day of school under calendar-day rules.

Families who want to start the process can use the sample evaluation request letter. Families with questions about a missed date can get free help from their state Parent Training and Information Center.^[8] Rules vary by state, and this page is general information, not legal advice.

Frequently asked questions

Is the 60-day evaluation timeline calendar days or school days?

Under federal rules, it is 60 calendar days, because the regulations define a day as a calendar day unless they say otherwise. States can set their own timeline, and some count school days, which pause over breaks.

Does the 60-day clock stop over summer break?

Not under the federal calendar-day rule. Summer is not one of the listed exceptions. If your state counts school days, the clock pauses when school is out and resumes when it reopens.

What if the school misses the evaluation deadline?

A missed deadline is a procedural problem the parent can raise with the district. The procedural safeguards notice lists the options, including a state complaint. The state Parent Training and Information Center can explain them.

Does the 60-day rule apply to reevaluations?

The federal 60-day rule is written for initial evaluations. Reevaluations must happen at least every 3 years. Many states apply a timeline to reevaluations as well, so check your state's rules.

Use it in IEP Atlas

Sources

34 CFR §300.301: Initial evaluations, Legal Information Institute, Cornell Law School
34 CFR §300.303: Reevaluations, Legal Information Institute, Cornell Law School
34 CFR §300.503: Prior notice by the public agency; content of notice, U.S. Department of Education (IDEA website)
34 CFR §300.309: Determining the existence of a specific learning disability, U.S. Department of Education (IDEA website)
34 CFR §300.323: When IEPs must be in effect, U.S. Department of Education (IDEA website)
34 CFR §300.124: Transition of children from the Part C program to preschool programs, U.S. Department of Education (IDEA website)
OSEP Memo 11-07: Response to Intervention (RTI) (January 21, 2011), U.S. Department of Education, Office of Special Education Programs
Center for Parent Information and Resources, CPIR
34 CFR §300.11: Day; business day; school day, Legal Information Institute, Cornell Law School

Written and checked by the IEP Atlas editorial team under our editorial policy. This guide describes general practice and federal rules. It is not legal advice; your state may add requirements, and the IEP team makes the decisions for each student.