IEP Evaluation Deadline Checker by State
What is my state's IEP evaluation deadline?
Under IDEA, a public agency must complete a child's initial special education evaluation within 60 calendar days of receiving parental consent, unless the state sets its own timeframe (34 CFR 300.301(c)(1)). About half the states keep that federal default. A large group shortens it, most often to 45 or 30 school days. A smaller group sets a longer combined window that covers the evaluation, the eligibility decision and sometimes the first IEP together, measured from referral rather than consent. The table below gives each state's headline number, the unit it is measured in, where it starts counting and the state code or regulation it comes from, plus the three dispute resolution routes every state offers under IDEA: a state complaint, mediation and a due process hearing.
The federal default
Under IDEA, a public agency must conduct a child's initial evaluation within 60 calendar days of receiving parental consent for the evaluation, unless the state establishes its own timeframe. A calendar day includes weekends, holidays and school breaks unless a rule says otherwise. Source: 34 CFR 300.301(c)(1).
Alabama
60 calendar daysFederal default
Measured from parental consent to evaluate.
Alabama follows the federal 60 calendar day default measured from signed parental consent. The public agency then has 30 more calendar days after the evaluation is complete to determine initial eligibility.
- State complaint. Filed with the state education agency, which investigates and issues a written decision.
- Mediation. Voluntary and free. It never delays or denies your right to a hearing.
- Due process hearing. A formal proceeding before an impartial hearing officer.
Who administers disputes: Alabama State Department of Education.
Source: Ala. Admin. Code r. 290-8-9-.02 www.law.cornell.edu/regulations/alabama/Ala-Admi
Alaska
60 calendar daysFederal default
Measured from parental consent to evaluate.
Alaska follows the federal 60 calendar day default to complete the evaluation and determine eligibility after parental consent. If the child is found eligible, the IEP must be developed within 30 days of that determination, so the full window from consent to a finished IEP can run up to 90 calendar days.
Day count corroborated by an official source; the exact rule subsection was not independently confirmed. Confirm the current figure with Alaska Department of Education and Early Development.
- State complaint. Filed with the state education agency, which investigates and issues a written decision.
- Mediation. Voluntary and free. It never delays or denies your right to a hearing.
- Due process hearing. A formal proceeding before an impartial hearing officer.
Who administers disputes: Alaska Department of Education and Early Development.
Source: Alaska Admin. Code 4 AAC 52 (Special Education); AS 14.30.278 education.alaska.gov/regs
Arizona
60 calendar daysFederal default
Measured from parental consent to evaluate.
Arizona follows the federal 60 calendar day default. Schools must respond to a parent's evaluation request within 15 school days. The 60 day period can be extended by up to 30 more days if the parent and school agree in writing.
- State complaint. Filed with the state education agency, which investigates and issues a written decision.
- Mediation. Voluntary and free. It never delays or denies your right to a hearing.
- Due process hearing. A formal proceeding before an impartial hearing officer.
Who administers disputes: Arizona Department of Education.
Source: Ariz. Admin. Code R7-2-401(E)(3) www.law.cornell.edu/regulations/arizona/Ariz-Adm
Arkansas
60 daysFederal default
Measured from parental consent to evaluate.
Arkansas follows the federal 60 day default for completing testing. A separate Evaluation and Programming Conference to determine eligibility must then be held within 30 calendar days of finishing the testing.
- State complaint. Filed with the state education agency, which investigates and issues a written decision.
- Mediation. Voluntary and free. It never delays or denies your right to a hearing.
- Due process hearing. A formal proceeding before an impartial hearing officer.
Who administers disputes: Arkansas Division of Elementary and Secondary Education.
Source: 005.18.10 Ark. Code R. 001 (Special Education Procedural Requirements and Programs Standards) www.law.cornell.edu/regulations/arkansas/005-18-
California
60 days (excludes school vacation periods longer than 5 days)State-specific
Measured from parental written consent for assessment.
California develops the IEP itself within 60 days of consent, not just the evaluation. The clock also pauses for school vacation periods longer than five days, so it does not run exactly like the federal calendar day default. If consent comes within the last 30 days of the school year, the IEP is due within 30 days after the next school year starts.
- State complaint. Filed with the state education agency, which investigates and issues a written decision.
- Mediation. Voluntary and free. It never delays or denies your right to a hearing.
- Due process hearing. A formal proceeding before an impartial hearing officer.
Who administers disputes: California Department of Education.
Source: Cal. Educ. Code Section 56344 law.justia.com/codes/california/code-edc/title-2
Colorado
60 calendar daysFederal default
Measured from parental consent to evaluate.
Colorado follows the federal 60 calendar day default for completing the evaluation and holding the eligibility meeting. If the child is found eligible, the initial IEP must be developed within 90 calendar days of the original consent date.
- State complaint. Filed with the state education agency, which investigates and issues a written decision.
- Mediation. Voluntary and free. It never delays or denies your right to a hearing.
- Due process hearing. A formal proceeding before an impartial hearing officer.
Who administers disputes: Colorado Department of Education.
Source: 1 CCR 301-8, ECEA Rule 4.02(3)(c) www.sos.state.co.us/CCR/GenerateRulePdf.do?ruleV
Connecticut
45 school daysState-specific
Measured from referral to the planning and placement team, excluding time to obtain consent.
Connecticut moved away from the federal 60 calendar day default starting with the 2020 to 2021 school year. It now requires the IEP to be implemented within 45 school days of referral, not just the evaluation completed. That window stretches to 60 school days when the placement is out of district or private.
- State complaint. Filed with the state education agency, which investigates and issues a written decision.
- Mediation. Voluntary and free. It never delays or denies your right to a hearing.
- Due process hearing. A formal proceeding before an impartial hearing officer.
Who administers disputes: Connecticut State Department of Education.
Source: Regulations of Connecticut State Agencies Section 10-76d-13 portal.ct.gov/-/media/SDE/Performance/Data-Colle
Delaware
45 school days or 90 calendar days, whichever is lessState-specific
Measured from parental consent to evaluate.
Delaware shortens the federal window to whichever comes first: 45 school days or 90 calendar days from consent.
- State complaint. Filed with the state education agency, which investigates and issues a written decision.
- Mediation. Voluntary and free. It never delays or denies your right to a hearing.
- Due process hearing. A formal proceeding before an impartial hearing officer.
Who administers disputes: Delaware Department of Education.
Source: 14 Del. Admin. Code 925, Section 2.3 regulations.delaware.gov/AdminCode/title14/900/9
District of Columbia
120 calendar daysState-specific
Measured from written referral for evaluation.
DC measures from the referral rather than from consent and sets one combined 120 day window covering the request for consent, the evaluation and the eligibility determination together, longer than the federal 60 days because it bundles more steps into a single clock. A separate federal-style 60 calendar day clock also runs from the date parental consent is given, so a family can hold the district to whichever limit is reached first.
- State complaint. Filed with the state education agency, which investigates and issues a written decision.
- Mediation. Voluntary and free. It never delays or denies your right to a hearing.
- Due process hearing. A formal proceeding before an impartial hearing officer.
Who administers disputes: DC Office of the State Superintendent of Education (OSSE).
Source: 5-A DCMR Section 3005.4 osse.dc.gov/sites/default/files/dc/sites/osse/se
Florida
60 calendar daysFederal default
Measured from parental consent to evaluate.
Florida follows the federal 60 calendar day default, with school holidays, breaks and summer vacation excluded from the count. The family and district can extend it by up to 30 more calendar days by written agreement.
- State complaint. Filed with the state education agency, which investigates and issues a written decision.
- Mediation. Voluntary and free. It never delays or denies your right to a hearing.
- Due process hearing. A formal proceeding before an impartial hearing officer.
Who administers disputes: Florida Department of Education.
Source: Fla. Admin. Code R. 6A-6.0331(4) www.law.cornell.edu/regulations/florida/Fla-Admi
Georgia
60 calendar daysFederal default
Measured from parental consent to evaluate.
Georgia follows the federal 60 calendar day default. The due date skips periods of 5 or more consecutive days when school is not in session, including summer break.
- State complaint. Filed with the state education agency, which investigates and issues a written decision.
- Mediation. Voluntary and free. It never delays or denies your right to a hearing.
- Due process hearing. A formal proceeding before an impartial hearing officer.
Who administers disputes: Georgia Department of Education.
Source: Ga. Comp. R. & Regs. 160-4-7-.04 apps.gadoe.org/sboe/SBOE%20Rules/160-4-7-.04.pdf
Hawaii
60 daysFederal default
Measured from parental consent to evaluate.
Hawaii, a single statewide school district, follows the federal 60 day default. If the process runs longer for an exceptional reason, the state must tell the family in writing the expected completion date and why.
Day count corroborated by an official source; the exact rule subsection was not independently confirmed. Confirm the current figure with Hawaii Department of Education.
- State complaint. Filed with the state education agency, which investigates and issues a written decision.
- Mediation. Voluntary and free. It never delays or denies your right to a hearing.
- Due process hearing. A formal proceeding before an impartial hearing officer.
Who administers disputes: Hawaii Department of Education.
Source: Hawaii Administrative Rules, Title 8, Chapter 60 boe.hawaii.gov/wp-content/uploads/2024/07/60-Pro
Idaho
60 calendar daysFederal default
Measured from parental consent to evaluate.
Idaho follows the federal 60 calendar day default. The state previously allowed a pause during school breaks of 5 or more days but phased that out, so the 60 days now run continuously.
- State complaint. Filed with the state education agency, which investigates and issues a written decision.
- Mediation. Voluntary and free. It never delays or denies your right to a hearing.
- Due process hearing. A formal proceeding before an impartial hearing officer.
Who administers disputes: Idaho State Department of Education.
Source: IDAPA 08.02.03.109 www.law.cornell.edu/regulations/idaho/IDAPA-08.0
Illinois
60 school daysState-specific
Measured from parental consent to evaluate.
Illinois measures its 60 day window in school days rather than calendar days, which stretches the real-world window well beyond the federal 60 calendar days. If fewer than 60 school days remain in the year after consent, the eligibility meeting must happen before the next school year starts.
- State complaint. Filed with the state education agency, which investigates and issues a written decision.
- Mediation. Voluntary and free. It never delays or denies your right to a hearing.
- Due process hearing. A formal proceeding before an impartial hearing officer.
Who administers disputes: Illinois State Board of Education.
Source: 23 Ill. Admin. Code Section 226.110(d) www.law.cornell.edu/regulations/illinois/Ill-Adm
Indiana
50 instructional daysState-specific
Measured from receipt of written parental consent.
Indiana shortens the federal default to 50 instructional days and measures in instructional days rather than calendar days, so the count only advances on days school is in session.
- State complaint. Filed with the state education agency, which investigates and issues a written decision.
- Mediation. Voluntary and free. It never delays or denies your right to a hearing.
- Due process hearing. A formal proceeding before an impartial hearing officer.
Who administers disputes: Indiana Department of Education.
Source: 511 IAC 7-40-5(d) www.law.cornell.edu/regulations/indiana/511-IAC-
Iowa
60 calendar daysFederal default
Measured from parental consent to evaluate.
Iowa follows the federal 60 calendar day default for completing the evaluation and holding the eligibility meeting.
- State complaint. Filed with the state education agency, which investigates and issues a written decision.
- Mediation. Voluntary and free. It never delays or denies your right to a hearing.
- Due process hearing. A formal proceeding before an impartial hearing officer.
Who administers disputes: Iowa Department of Education.
Source: Iowa Admin. Code 281-41.503 educate.iowa.gov/pk-12/special-education/state-g
Kansas
60 school daysState-specific
Measured from receipt of informed written parental consent.
Kansas measures its 60 day window in school days rather than calendar days, which stretches the real-world window beyond the federal 60 calendar days. The clock runs through data gathering, the eligibility decision and on to when services begin.
- State complaint. Filed with the state education agency, which investigates and issues a written decision.
- Mediation. Voluntary and free. It never delays or denies your right to a hearing.
- Due process hearing. A formal proceeding before an impartial hearing officer.
Who administers disputes: Kansas State Department of Education.
Source: K.A.R. 91-40-17 www.ksde.gov/portals/0/ses/ph/ph-ch03.pdf
Kentucky
60 school daysState-specific
Measured from receipt of parental consent for evaluation.
Kentucky measures its 60 day window in school days rather than calendar days, which stretches the real-world window beyond the federal 60 calendar days. The Admissions and Release Committee meeting to develop the IEP must then happen within 30 more days of the eligibility decision.
- State complaint. Filed with the state education agency, which investigates and issues a written decision.
- Mediation. Voluntary and free. It never delays or denies your right to a hearing.
- Due process hearing. A formal proceeding before an impartial hearing officer.
Who administers disputes: Kentucky Department of Education.
Source: 707 KAR 1:320, Section 2(3) apps.legislature.ky.gov/law/kar/titles/707/001/3
Louisiana
60 business daysState-specific
Measured from parental consent to evaluate.
Louisiana measures its 60 day window in business days rather than calendar days, which stretches the real-world window beyond the federal 60 calendar days.
Day count corroborated by an official source; the exact rule subsection was not independently confirmed. Confirm the current figure with Louisiana Department of Education.
- State complaint. Filed with the state education agency, which investigates and issues a written decision.
- Mediation. Voluntary and free. It never delays or denies your right to a hearing.
- Due process hearing. A formal proceeding before an impartial hearing officer.
Who administers disputes: Louisiana Department of Education.
Source: Louisiana Bulletin 1706, Chapter 3 probonodeskmanual.loyno.edu/law-special-educatio
Maine
45 school daysState-specific
Measured from parental consent to evaluate.
Maine shortens the federal default to 45 school days for children ages 5 to 22.
- State complaint. Filed with the state education agency, which investigates and issues a written decision.
- Mediation. Voluntary and free. It never delays or denies your right to a hearing.
- Due process hearing. A formal proceeding before an impartial hearing officer.
Who administers disputes: Maine Department of Education.
Source: Maine Unified Special Education Regulation (05-071 CMR Chapter 101), Section V www.maine.gov/doe/sites/maine.gov.doe/files/inli
Maryland
60 days from consent, or 90 days from a written referralState-specific
Measured from parental consent to evaluate, with a second clock from written referral.
Maryland runs the federal 60 day default from consent but adds a second, stricter 90 day clock measured from the original written referral, which catches delays in getting to consent that the federal rule alone would not reach.
- State complaint. Filed with the state education agency, which investigates and issues a written decision.
- Mediation. Voluntary and free. It never delays or denies your right to a hearing.
- Due process hearing. A formal proceeding before an impartial hearing officer.
Who administers disputes: Maryland State Department of Education.
Source: COMAR 13A.05.01.06 mdrules.elaws.us/comar/13a.05.01.06
Massachusetts
30 school days for the evaluation, 45 school days to the eligibility Team meetingState-specific
Measured from parental consent to evaluate.
Massachusetts sets one of the shortest windows in the country: the evaluation itself is due within 30 school days of consent. The Team meeting that decides eligibility, placement and the IEP must happen within 45 school days of consent.
- State complaint. Filed with the state education agency, which investigates and issues a written decision.
- Mediation. Voluntary and free. It never delays or denies your right to a hearing.
- Due process hearing. A formal proceeding before an impartial hearing officer.
Who administers disputes: Massachusetts Department of Elementary and Secondary Education; mediation and due process hearings are run by the state's Bureau of Special Education Appeals (BSEA), a separate body from the department.
Source: 603 CMR 28.04; M.G.L. c. 71B, Section 3 www.doe.mass.edu/lawsregs/603cmr28.html?section=
Michigan
30 school daysState-specific
Measured from parental consent to evaluate.
Michigan shortens the federal default sharply to 30 school days, covering the evaluation and eligibility decision through the district's initial offer of services. A school day excludes snow days, teacher workdays and other non-instructional days.
- State complaint. Filed with the state education agency, which investigates and issues a written decision.
- Mediation. Voluntary and free. It never delays or denies your right to a hearing.
- Due process hearing. A formal proceeding before an impartial hearing officer.
Who administers disputes: Michigan Department of Education.
Source: Michigan Administrative Rules for Special Education (MARSE) R 340.1721 and R 340.1721b www.michigan.gov/-/media/Project/Websites/mde/sp
Minnesota
30 school daysState-specific
Measured from parental consent to evaluate.
Minnesota shortens the federal default sharply to 30 school days for the evaluation and the eligibility determination.
- State complaint. Filed with the state education agency, which investigates and issues a written decision.
- Mediation. Voluntary and free. It never delays or denies your right to a hearing.
- Due process hearing. A formal proceeding before an impartial hearing officer.
Who administers disputes: Minnesota Department of Education.
Source: Minn. Stat. Section 125A.09; Minn. R. 3525.2550 www.revisor.mn.gov/rules/3525.2550/
Mississippi
60 daysFederal default
Measured from parental consent to evaluate.
Mississippi follows the federal 60 day default. A team must also meet within 14 school days of a request to decide whether to evaluate at all.
- State complaint. Filed with the state education agency, which investigates and issues a written decision.
- Mediation. Voluntary and free. It never delays or denies your right to a hearing.
- Due process hearing. A formal proceeding before an impartial hearing officer.
Who administers disputes: Mississippi Department of Education.
Source: 7 Miss. Code R. Section 34:300.301(b) mdek12.org/sites/default/files/documents/vol-i-c
Missouri
60 calendar daysFederal default
Measured from parental consent to evaluate.
Missouri follows the federal 60 calendar day default, with allowance for excessive student absence or school breaks documented as a just cause extension.
Day count corroborated by an official source; the exact rule subsection was not independently confirmed. Confirm the current figure with Missouri Department of Elementary and Secondary Education.
- State complaint. Filed with the state education agency, which investigates and issues a written decision.
- Mediation. Voluntary and free. It never delays or denies your right to a hearing.
- Due process hearing. A formal proceeding before an impartial hearing officer.
Who administers disputes: Missouri Department of Elementary and Secondary Education.
Source: Missouri State Plan for Special Education, Standards and Indicators Manual Section 200.180.c dese.mo.gov/special-education/compliance/evaluat
Montana
60 calendar daysFederal default
Measured from date written parental consent is returned.
Montana follows the federal 60 calendar day default.
Day count corroborated by an official source; the exact rule subsection was not independently confirmed. Confirm the current figure with Montana Office of Public Instruction.
- State complaint. Filed with the state education agency, which investigates and issues a written decision.
- Mediation. Voluntary and free. It never delays or denies your right to a hearing.
- Due process hearing. A formal proceeding before an impartial hearing officer.
Who administers disputes: Montana Office of Public Instruction.
Source: Administrative Rules of Montana, Title 10, Chapter 16 (Special Education) opi.mt.gov/Portals/182/Page%20Files/Special%20Ed
Nebraska
45 school days, capped by the federal 60 calendar days, whichever is stricterState-specific
Measured from receipt of parental consent.
Nebraska's Rule 51 sets a 45 school day timeline, but the Nebraska Department of Education has clarified in guidance that this state timeline cannot be used to exceed the federal 60 calendar day limit, so a district must actually meet whichever deadline arrives first.
- State complaint. Filed with the state education agency, which investigates and issues a written decision.
- Mediation. Voluntary and free. It never delays or denies your right to a hearing.
- Due process hearing. A formal proceeding before an impartial hearing officer.
Who administers disputes: Nebraska Department of Education.
Source: 92 NAC 51-009.04 www.education.ne.gov/wp-content/uploads/2023/08/
Nevada
45 school daysState-specific
Measured from parental consent to evaluate.
Nevada shortens the federal default to 45 school days. The state superintendent can extend that deadline by up to 15 more school days on request.
- State complaint. Filed with the state education agency, which investigates and issues a written decision.
- Mediation. Voluntary and free. It never delays or denies your right to a hearing.
- Due process hearing. A formal proceeding before an impartial hearing officer.
Who administers disputes: Nevada Department of Education.
Source: Nev. Admin. Code Section 388.337 www.law.cornell.edu/regulations/nevada/NAC-388-3
New Hampshire
60 calendar daysFederal default
Measured from receipt of parental consent to evaluate.
New Hampshire follows the federal 60 calendar day default. Rule Ed 1107.01(c) requires the initial evaluation process to be completed within 60 days of receiving parental consent to evaluate. Some parent and advocacy guides circulate an older 45 day figure, but the current rule text sets 60 days.
- State complaint. Filed with the state education agency, which investigates and issues a written decision.
- Mediation. Voluntary and free. It never delays or denies your right to a hearing.
- Due process hearing. A formal proceeding before an impartial hearing officer.
Who administers disputes: New Hampshire Department of Education.
Source: N.H. Code Admin. R. Ed 1107.01(c) gc.nh.gov/rules/state_agencies/ed1100.html
New Jersey
90 calendar daysState-specific
Measured from parental written consent.
New Jersey sets a combined 90 calendar day window that covers the evaluation, the eligibility determination and, if the child qualifies, developing and starting the IEP, longer than the federal 60 days because it bundles more steps into one clock.
- State complaint. Filed with the state education agency, which investigates and issues a written decision.
- Mediation. Voluntary and free. It never delays or denies your right to a hearing.
- Due process hearing. A formal proceeding before an impartial hearing officer.
Who administers disputes: New Jersey Department of Education.
Source: N.J.A.C. 6A:14-3.4(e) www.law.cornell.edu/regulations/new-jersey/N-J-A
New Mexico
60 calendar daysFederal default
Measured from parental consent to evaluate.
New Mexico follows the federal 60 calendar day default, measured by the actual number of calendar days between consent and the evaluation being completed.
- State complaint. Filed with the state education agency, which investigates and issues a written decision.
- Mediation. Voluntary and free. It never delays or denies your right to a hearing.
- Due process hearing. A formal proceeding before an impartial hearing officer.
Who administers disputes: New Mexico Public Education Department.
Source: 6.31.2.10(C)(1)(a) NMAC www.law.cornell.edu/regulations/new-mexico/6-31-
New York
60 school daysState-specific
Measured from receipt of signed parental consent.
New York measures its 60 day window in school days rather than calendar days, which stretches the real-world window beyond the federal 60 calendar days. The clock starts on the day the district receives signed consent, not on the day the family sends the initial referral letter.
- State complaint. Filed with the state education agency, which investigates and issues a written decision.
- Mediation. Voluntary and free. It never delays or denies your right to a hearing.
- Due process hearing. A formal proceeding before an impartial hearing officer.
Who administers disputes: New York State Education Department.
Source: 8 NYCRR 200.4 www.law.cornell.edu/regulations/new-york/8-NYCRR
North Carolina
90 calendar daysState-specific
Measured from receipt of a written referral.
North Carolina measures from the written referral rather than from consent and sets one combined 90 calendar day window covering the evaluation, the eligibility decision and, for an eligible child, developing the IEP and placement, longer than the federal 60 days because it starts earlier and bundles more steps into a single clock. The count does not stop for holidays, summer break or school closures.
- State complaint. Filed with the state education agency, which investigates and issues a written decision.
- Mediation. Voluntary and free. It never delays or denies your right to a hearing.
- Due process hearing. A formal proceeding before an impartial hearing officer.
Who administers disputes: North Carolina Department of Public Instruction.
Source: NC Policies Governing Services for Children with Disabilities, Section 1503-2.3 disabilityrightsnc.org/resources/iep-referral-pr
North Dakota
60 calendar daysFederal default
Measured from parental consent to evaluate.
North Dakota follows the federal 60 calendar day default. Any delay past the 60 days must be documented in a Prior Written Notice with the reason and a completion date.
Day count corroborated by an official source; the exact rule subsection was not independently confirmed. Confirm the current figure with North Dakota Department of Public Instruction.
- State complaint. Filed with the state education agency, which investigates and issues a written decision.
- Mediation. Voluntary and free. It never delays or denies your right to a hearing.
- Due process hearing. A formal proceeding before an impartial hearing officer.
Who administers disputes: North Dakota Department of Public Instruction.
Source: North Dakota Century Code Chapter 15.1-32 www.nd.gov/dpi/sites/www/files/documents/SpeEd/G
Ohio
60 calendar daysFederal default
Measured from parental consent to evaluate.
Ohio follows the federal 60 calendar day default. Before that clock starts, the district has a separate 30 day window to propose an evaluation and obtain consent.
- State complaint. Filed with the state education agency, which investigates and issues a written decision.
- Mediation. Voluntary and free. It never delays or denies your right to a hearing.
- Due process hearing. A formal proceeding before an impartial hearing officer.
Who administers disputes: Ohio Department of Education and Workforce.
Source: Ohio Admin. Code 3301-51-06(B)(4)(a) codes.ohio.gov/ohio-administrative-code/rule-330
Oklahoma
45 school daysState-specific
Measured from parental written consent.
Oklahoma shortens the federal default to 45 school days, running from consent through the initial eligibility determination.
Day count corroborated by an official source; the exact rule subsection was not independently confirmed. Confirm the current figure with Oklahoma State Department of Education.
- State complaint. Filed with the state education agency, which investigates and issues a written decision.
- Mediation. Voluntary and free. It never delays or denies your right to a hearing.
- Due process hearing. A formal proceeding before an impartial hearing officer.
Who administers disputes: Oklahoma State Department of Education.
Source: Oklahoma State Department of Education Special Education Policies and Procedures oklahoma.gov/content/dam/ok/en/osde/documents/se
Oregon
60 school daysState-specific
Measured from written parental consent.
Oregon measures its 60 day window in school days rather than calendar days, which stretches the real-world window beyond the federal 60 calendar days.
- State complaint. Filed with the state education agency, which investigates and issues a written decision.
- Mediation. Voluntary and free. It never delays or denies your right to a hearing.
- Due process hearing. A formal proceeding before an impartial hearing officer.
Who administers disputes: Oregon Department of Education.
Source: Or. Admin. R. 581-015-2110 oregon.public.law/rules/oar_581-015-2110
Pennsylvania
60 calendar days (summer break excluded from the count)State-specific
Measured from receipt of written parental consent.
Pennsylvania keeps the federal 60 calendar day number but excludes the entire summer break from the count, from the day after the spring term ends through the day before the fall term begins, which can extend the real-world window well past 60 days for a summer referral.
- State complaint. Filed with the state education agency, which investigates and issues a written decision.
- Mediation. Voluntary and free. It never delays or denies your right to a hearing.
- Due process hearing. A formal proceeding before an impartial hearing officer.
Who administers disputes: Pennsylvania Department of Education; mediation and due process hearings are run by the state's independent Office for Dispute Resolution (ODR), a separate body from the department.
Source: 22 Pa. Code Section 14.123(b) www.pacodeandbulletin.gov/Display/pacode?file=/s
Rhode Island
60 calendar daysFederal default
Measured from receipt of parental consent to evaluate.
Rhode Island follows the federal 60 calendar day default. Before that, a team must meet within 10 school days of a referral to decide whether an evaluation is needed. The evaluation itself must then begin within 10 school days of consent.
- State complaint. Filed with the state education agency, which investigates and issues a written decision.
- Mediation. Voluntary and free. It never delays or denies your right to a hearing.
- Due process hearing. A formal proceeding before an impartial hearing officer.
Who administers disputes: Rhode Island Department of Education.
Source: 200-RICR-20-30-6.7 regulations.justia.com/states/rhode-island/title
South Carolina
60 daysFederal default
Measured from parental consent to evaluate.
South Carolina follows the federal 60 day default for the initial evaluation. A separate 30 calendar day window applies to developing or revising the IEP after an eligibility finding.
Day count corroborated by an official source; the exact rule subsection was not independently confirmed. Confirm the current figure with South Carolina Department of Education.
- State complaint. Filed with the state education agency, which investigates and issues a written decision.
- Mediation. Voluntary and free. It never delays or denies your right to a hearing.
- Due process hearing. A formal proceeding before an impartial hearing officer.
Who administers disputes: South Carolina Department of Education.
Source: S.C. Code Regs. 43-243 ed.sc.gov/index.cfm?LinkServID=60EE61CE-C608-D0B
South Dakota
25 school days for the evaluation, plus 30 calendar days to determine eligibilityState-specific
Measured from parental consent to evaluate.
South Dakota Department of Education guidance describes a notably short combined window: the evaluation itself is due within 25 school days, then eligibility must be determined within 30 more calendar days.
- State complaint. Filed with the state education agency, which investigates and issues a written decision.
- Mediation. Voluntary and free. It never delays or denies your right to a hearing.
- Due process hearing. A formal proceeding before an impartial hearing officer.
Who administers disputes: South Dakota Department of Education.
Source: S.D. Admin. R. 24:05:25:04 doe.sd.gov/sped/documents/Tools-Resources-23.pdf
Tennessee
60 calendar daysFederal default
Measured from receipt of parental consent for the initial evaluation.
Tennessee follows the federal 60 calendar day default. If the student is found eligible, the IEP team must finalize the IEP within 30 more calendar days.
- State complaint. Filed with the state education agency, which investigates and issues a written decision.
- Mediation. Voluntary and free. It never delays or denies your right to a hearing.
- Due process hearing. A formal proceeding before an impartial hearing officer.
Who administers disputes: Tennessee Department of Education.
Source: Tenn. State Board of Education Rule 0520-01-09-.05(1)(f) www.tn.gov/content/dam/tn/education/legal/Timeli
Texas
45 school daysState-specific
Measured from receipt of parental written consent.
Texas shortens the federal default to 45 school days. If a student is absent 3 or more school days during the evaluation window, the deadline extends by that many days.
- State complaint. Filed with the state education agency, which investigates and issues a written decision.
- Mediation. Voluntary and free. It never delays or denies your right to a hearing.
- Due process hearing. A formal proceeding before an impartial hearing officer.
Who administers disputes: Texas Education Agency.
Source: 19 Tex. Admin. Code Section 89.1011(d) spedsupport.tea.texas.gov/sites/default/files/20
Utah
45 school daysState-specific
Measured from parental consent to evaluate.
Utah shortens the federal default to 45 school days, covering the evaluation and the eligibility determination.
- State complaint. Filed with the state education agency, which investigates and issues a written decision.
- Mediation. Voluntary and free. It never delays or denies your right to a hearing.
- Due process hearing. A formal proceeding before an impartial hearing officer.
Who administers disputes: Utah State Board of Education.
Source: Utah State Board of Education Special Education Rules, Rule II.D www.schools.utah.gov/specialeducation/_specialed
Vermont
60 daysFederal default
Measured from parental consent to evaluate.
Vermont follows the federal 60 day default for completing the evaluation and issuing the report. A district has a separate 15 calendar days after a referral to respond with a consent request, a planning meeting or a written denial.
- State complaint. Filed with the state education agency, which investigates and issues a written decision.
- Mediation. Voluntary and free. It never delays or denies your right to a hearing.
- Due process hearing. A formal proceeding before an impartial hearing officer.
Who administers disputes: Vermont Agency of Education.
Source: Vermont Special Education Rules Section 2362.2.1 education.vermont.gov/sites/aoe/files/edu-vermon
Virginia
65 business daysState-specific
Measured from receipt of the referral.
Virginia measures from the referral rather than from consent, sets 65 business days rather than 60 calendar days and covers the whole path to the eligibility decision in one window, so it deviates on the start point, the unit and the length all at once.
- State complaint. Filed with the state education agency, which investigates and issues a written decision.
- Mediation. Voluntary and free. It never delays or denies your right to a hearing.
- Due process hearing. A formal proceeding before an impartial hearing officer.
Who administers disputes: Virginia Department of Education.
Source: 8 VAC 20-81-60 law.lis.virginia.gov/admincode/title8/agency20/c
Washington
35 school daysState-specific
Measured from receipt of written parental consent.
Washington shortens the federal default sharply to 35 school days. A district has a separate 25 school days after a request to decide whether to evaluate at all. This rule was touched by recent state legislation, so confirm the current figure before publishing.
A 2026 OSPI guidance document referencing ESHB 2557 suggests this timeline may have been touched by recent legislation. Confirm the current figure with Washington Office of Superintendent of Public Instruction (OSPI) before relying on it.
- State complaint. Filed with the state education agency, which investigates and issues a written decision.
- Mediation. Voluntary and free. It never delays or denies your right to a hearing.
- Due process hearing. A formal proceeding before an impartial hearing officer.
Who administers disputes: Washington Office of Superintendent of Public Instruction (OSPI).
Source: WAC 392-172A-03005 app.leg.wa.gov/wac/default.aspx?cite=392-172A-03
West Virginia
80 calendar daysState-specific
Measured from parental consent to evaluate.
West Virginia sets a longer combined window of 80 calendar days from consent, covering the evaluation through the eligibility decision, longer than the federal 60 days.
- State complaint. Filed with the state education agency, which investigates and issues a written decision.
- Mediation. Voluntary and free. It never delays or denies your right to a hearing.
- Due process hearing. A formal proceeding before an impartial hearing officer.
Who administers disputes: West Virginia Department of Education.
Source: West Virginia Policy 2419 static.k12.wv.us/teachiep/documents/Services%209
Wisconsin
60 calendar daysFederal default
Measured from parental consent to evaluate.
Wisconsin follows the federal 60 calendar day default for determining eligibility after consent.
- State complaint. Filed with the state education agency, which investigates and issues a written decision.
- Mediation. Voluntary and free. It never delays or denies your right to a hearing.
- Due process hearing. A formal proceeding before an impartial hearing officer.
Who administers disputes: Wisconsin Department of Public Instruction.
Source: Wis. Stat. Section 115.782(2) docs.legis.wisconsin.gov/document/statutes/115.7
Wyoming
60 calendar daysFederal default
Measured from parental consent to evaluate.
Wyoming follows the federal 60 calendar day default for the initial comprehensive evaluation.
- State complaint. Filed with the state education agency, which investigates and issues a written decision.
- Mediation. Voluntary and free. It never delays or denies your right to a hearing.
- Due process hearing. A formal proceeding before an impartial hearing officer.
Who administers disputes: Wyoming Department of Education.
Source: Wyoming Chapter 7 Rules, Section 7-4 edu.wyoming.gov/wp-content/uploads/2025/02/WY-Ch
The three dispute-resolution routes every state offers
If you and the school disagree, IDEA gives every state the same three routes. Two states run mediation and due process through a separately named body rather than the education department: Pennsylvania (the Office for Dispute Resolution) and Massachusetts (the Bureau of Special Education Appeals). Your state's result above names who administers them.
State complaint
A written complaint filed with the state education agency alleging that a school violated IDEA. The state agency investigates and issues a written decision, generally within 60 calendar days unless extended for exceptional circumstances. Source: 34 CFR 300.151 through 300.153.
Mediation
A voluntary, free process where a neutral mediator helps the family and the school try to resolve a disagreement without a hearing. Either side can decline it and it never delays or denies a parent's right to a due process hearing. Source: 34 CFR 300.506.
Due process hearing
A formal legal proceeding before an impartial hearing officer, opened by filing a due process complaint. It is the most formal of the three routes and typically follows a resolution period before a hearing decision is issued. Source: 34 CFR 300.507 through 300.516.
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