New York IEP evaluation deadline: how long does the school have?

You signed the consent form. Here is exactly what New York law requires next, and what to do if the date passes.

The part most parents miss: New York runs two clocks at once

Most states have one deadline. New York has two, and they start on the same day — the day the district receives your consent.

1. 60 calendar days to complete the initial evaluation. Calendar days means weekends and holidays count. This is 8 NYCRR 200.4(b).
2. 60 school days to arrange for the special education programs and services in the IEP, or to arrange placement. School days means only days students are in attendance for instruction — so this clock runs longer on the calendar. This is 8 NYCRR 200.4(e).

Both matter. The first one gets your child tested. The second one is what actually gets services started.

How to count your deadline

1. Find the date the district received your signed consent. Not the date you mailed it — the date they got it. Both clocks start there.
2. Evaluation clock: count forward 60 calendar days, including weekends and holidays.
3. Services clock: count forward 60 school days using your district's instructional calendar. Skip weekends, holidays, breaks, and summer.
4. Write both dates down. They are different dates, and the district owes you both.

What to do if the deadline passes

1. Put it in writing the same week. Email the case manager and the CSE chairperson. State the consent date, which deadline passed, and the date it passed. A phone call creates no record.
2. Ask for prior written notice. If the district refuses or delays, you are entitled to a written explanation of what it is doing and why.
3. File a state complaint. A missed timeline is a straightforward compliance violation. In New York this goes to the New York State Education Department (NYSED). It is free and does not require a lawyer.
4. Keep the paper trail. Every date, every email, every response.