District of Columbia IEP evaluation deadline: how long does the school have?
You signed consent for the evaluation. Here is exactly what DC law requires next, and what to do if the date passes.
From the day the school receives your written parental consent, it must complete the evaluation and determine eligibility — both, not just the testing.
- Day type
- Calendar days
- Clock starts at
- Parental consent
- What the deadline covers
- Evaluation through the eligibility determination
- Legal citation
- D.C. Code § 38-2561.02
The part most parents miss: the old 120-day rule is gone
DC used to give schools 120 days from referral. That rule was replaced — the current law took effect July 1, 2018 and sets 60 calendar days from consent.
Older handouts, blog posts, and even some school staff still repeat the 120-day figure. If you hear it, it is out of date.
Why the referral date still matters
The 60-day clock starts at consent, not at your request. That gap is where time gets lost. DC caps it: 30 days for the school to make reasonable efforts to get your consent form to you and signed.
So put your request in writing and keep the date. If nobody brings you a consent form for two months, that is its own violation — even though the 60-day clock never started.
How to count your deadline
- Find the date the school received your signed consent. Not the date you mailed it — the date they got it.
- Count forward 60 calendar days, including weekends and holidays.
- That date is the deadline for the evaluation and the eligibility determination.
What to do if the deadline passes
- Put it in writing the same week. Email the case manager and the special education coordinator. State the consent date, the deadline date, and that it has passed. A phone call creates no record.
- Ask for prior written notice. If the school refuses or delays, you are entitled to a written explanation of what it is doing and why.
- File a state complaint. A missed timeline is a straightforward compliance violation. In DC this goes to the Office of the State Superintendent of Education (OSSE), Division of Specialized Education. It is free and does not require a lawyer.
- Keep the paper trail. Every date, every email, every response.
Free: IEP evaluation deadlines for all 51 jurisdictions
A one-page chart of every state's deadline, day type, and when the clock starts — plus a playbook for when a district blows the date.
Get the free cheat sheetNeed the letters too? The Evaluation Request Kit has fill-in templates for the request, the follow-up, and the complaint.
Sources
- D.C. Code § 38-2561.02 — 60 calendar days from consent through eligibility; 30-day consent-effort rule; 3-business-day documentation of oral referrals (as amended eff. 7/1/2018)
- 34 CFR § 300.301(c)(1) — federal 60-day initial evaluation baseline
Verified July 2026. State rules change — confirm against the current code before relying on a date.