IEP evaluation deadlines by state

You asked the school to evaluate your child. How long do they actually have? It depends on your state — and the differences are large.

The federal baseline, and why your state matters more

Under federal law, an initial special education evaluation must be completed within 60 calendar days of the district receiving parental consent to evaluate — unless the state has established its own timeframe, in which case the state's timeframe applies instead (34 CFR § 300.301(c)(1); 20 U.S.C. § 1414(a)(1)(C)).

Most states have established their own. Those state clocks can be shorter, longer, or counted in a completely different kind of day:

• Different day types. Some states count calendar days. Others count school days, business days, or — in Massachusetts — school working days. A 45-school-day clock and a 45-calendar-day clock are nowhere near the same deadline.
• Different starting points. In most states the clock starts when the district receives your signed consent, not when you make the request. A few, like North Carolina, start at the written referral instead — which is better for you.
• Different coverage. In some states the deadline ends when the testing is done. In others it also covers the eligibility decision, the IEP meeting, or even getting services actually started.
• Different break rules. Some calendar-day states expressly pause the clock for long breaks or summer. Others do not — and there is no federal exception for summer or school breaks.

Each page below gives your state's number, what day type it uses, when the clock starts, what the deadline covers, and the citation.

Choose your state

• Alabama 60 calendar days
• Alaska 60 calendar days
• Arizona 60 calendar days
• Arkansas 60 calendar days
• California 60 calendar days (breaks pause)
• Colorado 60 calendar days
• Connecticut 45 school days from referral
• Delaware 45 school days or 90 calendar days, whichever is less
• District of Columbia 60 calendar days
• Florida 60 calendar days (breaks excluded)
• Georgia 60 calendar days (long breaks excluded)
• Hawaii 60 calendar days
• Idaho 60 calendar days
• Illinois 60 school days
• Indiana 50 instructional days
• Iowa 60 calendar days
• Kansas 60 school days
• Kentucky 60 school days
• Louisiana 60 business days
• Maine 45 school days from referral
• Maryland 60 days from consent and 90 days from referral
• Massachusetts 30 / 45 school working days
• Michigan 30 school days
• Minnesota 30 school days
• Mississippi 60 calendar days
• Missouri 60 calendar days
• Montana 60 calendar days (summer excluded)
• Nebraska 45 school days, capped at 60 calendar days
• Nevada 45 school days
• New Hampshire 60 calendar days
• New Jersey 90 calendar days
• New Mexico 60 calendar days
• New York 60 calendar days
• North Carolina 90 days from written referral
• North Dakota 60 calendar days
• Ohio 60 calendar days
• Oklahoma 45 school days
• Oregon 60 school days
• Pennsylvania 60 calendar days (summer excluded)
• Rhode Island 60 calendar days
• South Carolina 60 calendar days
• South Dakota 25 school days
• Tennessee 60 calendar days
• Texas 45 school days
• Utah 45 school days
• Vermont 60 calendar days
• Virginia 65 business days from referral
• Washington 35 school days
• West Virginia 80 days
• Wisconsin 60 calendar days
• Wyoming 60 calendar days

Already past your date? A missed evaluation deadline is a compliance violation with a free remedy. See what to do when the school misses the evaluation deadline — the escalation ladder, starting with a state complaint that costs nothing to file.