Ohio IEP evaluation deadline: how long does the school have?

You signed consent for the evaluation. Here is exactly what Ohio law requires next, and what to do if the date passes.

The part most parents miss: this is a plain calendar count

Ohio's rule is stated simply: sixty calendar days from consent. Weekends count. Holidays count.

Some states write an express exception into their rules that pauses the clock during long school breaks. We found no break or summer exception in Ohio's rule. That means the 60 days most likely run straight through, but confirm against the current rule text before relying on it.

What is clear is the federal backdrop: there is no federal exception for summer or school breaks. Under OSEP guidance, a state using calendar days may not pause the clock for vacations unless its own rule expressly says so. So if a district tells you "we'll pick this back up in August," ask it to point you to the specific rule language that allows the pause.

There is an earlier deadline before this one

The 60-day clock only starts once you have signed. But the district has its own deadline first: within 30 calendar days of your request or referral, it must either obtain your parental consent to evaluate, or issue prior written notice declining to evaluate. Ohio Admin. Code 3301-51-06.

This matters because a district that sits on your request for two months has already violated the law — even though the 60-day clock never technically started. Put your request in writing and keep the date. Date-stamp both the request and the signed consent.

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.
2. Count forward 60 calendar days, including weekends, holidays and every day of every school break.
3. Do not subtract anything unless you can point to rule language that allows it — we found no break exclusion in Ohio's rule.
4. That date is the deadline to complete the evaluation.
5. Separately: once your child is found eligible, federal law requires the IEP meeting within 30 calendar days of that determination. 34 CFR § 300.323(c).

What to do if the deadline passes

1. Put it in writing the same week. Email the case manager and the special education director. State the consent date, the deadline date, and that it has 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 Ohio this goes to the Ohio Department of Education and Workforce. It is free and does not require a lawyer.
4. Keep the paper trail. Every date, every email, every response.