IEP Evaluation Timelines and Dispute Routes by State

Each row is read against the state education agency or the state's IDEA Part B rules; a few rows carry a confirm note at the exact cell. Last reviewed July 19, 2026. Read against IDEA, 34 CFR 300.301 and each state's own rules. Jump to sources

How does my state's IEP evaluation timeline compare?

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.

How to use this table. This table is general information to help you understand how your state's initial evaluation timeline compares to the federal default under IDEA. It is not legal advice. Timelines, rule numbers and agency names change, so always confirm the current requirement with your state department of education or a local special education advocate before relying on a specific day count.

An illustration of a shelf holding a row of nine hourglasses of gently varying sizes with one hourglass gold, a metaphor for evaluation timelines differing by state

This page is the full explanation: where the federal deadline comes from, what a state is allowed to change about it and how all fifty-one jurisdictions line up against each other. If you only want your own state's rule and who handles a dispute there, the evaluation deadline checker returns that one result on its own.

Where the federal deadline comes from

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).

That default applies only where a state has not set a timeframe of its own. IDEA expressly lets a state establish its own, which is why the numbers in the table below vary so widely. A state can change three separate things: the length of the window, the unit it is counted in and the event that starts the clock. Some states change more than one at once. A few also fold the eligibility decision, or the first IEP meeting, into the same period, so a longer headline number can leave less time for the evaluation itself than the figure suggests. That is why the table shows the unit and the starting point beside every number rather than the number alone.

The days figure is the number a family would use to check whether an evaluation is on time. A state is marked as following the federal default only when its number is exactly 60 calendar days measured from parental consent, the same as the federal rule. Where a state measures from written referral instead of consent, or folds the IEP into the same clock, the row says so in its own note, so the comparison stays honest rather than just lining up numbers that measure different things.

Grouped by how each state sets the clock, not on one shared scale. State initial-evaluation timelines compared to the federal default of 60 calendar days from parental consent (34 CFR 300.301(c)(1)). States measure in different units, so each row shows its own unit rather than sitting on a shared scale. Marked states are corroborated by an official source but the exact rule subsection is not yet independently confirmed. Verified July 19, 2026; each state row in the table below links its source. General information, not legal advice; confirm the current requirement with your state. The full table below carries every state with its citation.

State	Initial evaluation window	What is different from the federal rule	Source
Alabama	60 calendar days Federal default 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.	Ala. Admin. Code r. 290-8-9-.02www.law.cornell.edu/regulations/alabama/Al
Alaska	90 calendar days State-specific from parental consent to evaluate	Alaska sets its own timeline in place of the federal 60 calendar day default. One 90 calendar day window runs from the day a district receives signed parental consent. Inside that window the district evaluates the child, determines eligibility, develops the IEP where the child is eligible plus the family consents to services, then begins those services. The same 90 days covers a reevaluation of eligibility. A second state rule keeps the IEP itself due within 30 days of the eligibility decision, so an early eligibility decision does not push the IEP to the end of the window.	4 AAC 52.115(a) (Timelines), with the 30 day IEP obligation at 4 AAC 52.115(b) plus AS 14.30.278www.law.cornell.edu/regulations/alaska/4-A
Arizona	60 calendar days Federal default 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.	Ariz. Admin. Code R7-2-401(E)(3)www.law.cornell.edu/regulations/arizona/Ar
Arkansas	60 calendar days Federal default 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.	6 CAR 130-603(a)(1) (Procedural Requirements and Program Standards, Subpart 6), with the 30 day Evaluation/Programming Conference at 6 CAR 130-606(a)(1) and both restated together at 6 CAR 130-804(b)dese.ade.arkansas.gov/Files/ADE_Spec._Ed._
California	60 days (excludes school vacation periods longer than 5 days) State-specific 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.	Cal. Educ. Code Section 56344law.justia.com/codes/california/code-edc/t
Colorado	60 calendar days Federal default from parental consent to evaluate	Colorado follows the federal 60 calendar day default for completing the initial evaluation, counted from the written parental consent that starts the special education referral. The meeting that decides eligibility is held within a reasonable time after the evaluation is complete rather than on a day count of its own. For a child found eligible, the initial IEP is developed within 90 calendar days of that same consent date.	1 CCR 301-8, ECEA Rules 4.02(3)(c) for the 60 calendar days, 4.02(6)(a)(i) for the eligibility meeting and 4.03(1)(d)(i) for the 90 calendar day initial IEP, version effective May 15 2025www.sos.state.co.us/CCR/GenerateRulePdf.do
Connecticut	45 school days State-specific from referral to the planning and placement team, excluding time to obtain consent	Connecticut runs its own timeline rather than the federal 60 calendar day default. It 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.	Regulations of Connecticut State Agencies Section 10-76d-13portal.ct.gov/-/media/SDE/Performance/Data
Delaware	45 school days or 90 calendar days, whichever is less State-specific from parental consent to evaluate	Delaware counts its evaluation window two ways at once: 45 school days or 90 calendar days from receipt of written parental consent, whichever comes first. Forty-five school days is about nine school weeks, so in calendar time the binding leg usually runs past the federal 60 calendar day default, with the 90 calendar day leg acting as the outer cap across long breaks.	14 Del. Admin. Code 925, Section 2.3regulations.delaware.gov/AdminCode/title14
District of Columbia	60 calendar days State-specific from parental consent for the evaluation, with a separate 30 calendar day window running from the referral for the school system to seek that consent	The District counts the same 60 calendar days as the federal rule, measured from the date a parent gives consent, then asks more of that window: the school system evaluates the child and makes the eligibility decision inside the same 60 days, so the decision sits under the deadline rather than after it. A second count runs before that one. From the day a school system receives a referral it has 30 calendar days to make and document reasonable efforts to obtain consent, with those efforts starting no later than 10 business days after the referral date. Older material still quotes 120 days from referral, which was the rule in District law before July 1, 2018.	5-A DCMR Section 3005.4(a) and (b), with the calendar day definition at Section 3099.1; D.C. Code Section 38-2561.02(a)(2)(A)osse.dc.gov/sites/default/files/dc/sites/o
Florida	60 calendar days Federal default 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.	Fla. Admin. Code R. 6A-6.0331(3)(g)www.flrules.org/gateway/RuleNo.asp?ID=6A-6
Georgia	60 calendar days Federal default 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.	Ga. Comp. R. & Regs. 160-4-7-.04apps.gadoe.org/sboe/SBOE%20Rules/160-4-7-.
Hawaii	60 calendar days Federal default from parental consent to evaluate	Hawaii, the only statewide school district in the country, follows the federal 60 day default, counted in calendar days. Two shorter state deadlines bracket it: written notice of the department's proposal or refusal to assess within 15 days of an evaluation request, then an IEP meeting within 15 days of a family consenting to the first services.	Hawaii Administrative Rules section 8-60-33(c)(1)boe.hawaii.gov/wp-content/uploads/2024/07/
Idaho	45 school days State-specific from written parental consent for the initial assessment or evaluation	Idaho counts 45 school days from written parental consent to the eligibility decision. That state timeline replaced the older 60 calendar day count on July 1, 2026. School days are days students attend for instruction, so weekends, holidays and summer sit outside the count rather than being carved out of a calendar day clock.	Idaho Special Education Manual 2025, Chapter 4, Section 3.F (Timeline), incorporated into Idaho rule at IDAPA 08.02.03.004.04 as the manual adopted by the State Board of Education on November 20, 2025, effective July 1, 2026; IDAPA 08.02.03.109, which carried the former 60 calendar day timeline at subsection .03, now reads reservedwww.sde.idaho.gov/wp-content/uploads/2026/
Illinois	60 school days State-specific 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.	23 Ill. Admin. Code Section 226.110(d)www.law.cornell.edu/regulations/illinois/I
Indiana	50 instructional days State-specific from receipt of written parental consent	Indiana measures its evaluation window in instructional days rather than the federal 60 calendar days, so the count advances only on days school is in session. Fifty instructional days is about ten school weeks, which in calendar time usually runs longer than the federal 60 days rather than shorter.	511 IAC 7-40-5(d)www.law.cornell.edu/regulations/indiana/51
Iowa	60 calendar days Federal default from parental consent to evaluate	Iowa follows the federal 60 calendar day default for completing the evaluation and holding the eligibility meeting.	Iowa Admin. Code r. 281-41.301(3)(a)www.legis.iowa.gov/docs/iac/rule/281.41.30
Kansas	60 school days State-specific 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.	K.A.R. 91-40-8(f), quoted in full in the KSDE Kansas Special Education Process Handbook, Chapter 3www.ksde.gov/docs/default-source/sets/ph-c
Kentucky	60 school days State-specific from receipt of parental consent for evaluation	Kentucky measures its 60 day window in school days rather than calendar days, so the count pauses whenever school is closed and the real-world window stretches well beyond the federal 60 calendar days. That same window covers more than testing. Where a child is found eligible, the Admissions and Release Committee meeting to develop the IEP falls within 30 days of the eligibility decision plus inside the same 60 school day period, with services starting under the IEP.	707 KAR 1:320, Section 2(3)apps.legislature.ky.gov/law/kar/titles/707
Louisiana	60 business days State-specific 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.	LAC 28:CI.511(A) (Bulletin 1508, Pupil Appraisal Handbook), restated at LAC 28:XLIII.302(C)(1)(a) (Bulletin 1706), business day defined at LAC 28:XLIII.905www.law.cornell.edu/regulations/louisiana/
Maine	45 school days State-specific from parental consent to evaluate	Maine measures its 45 day window in school days rather than calendar days, so the count pauses whenever school is closed and the real-world window normally runs longer than the federal 60 calendar days rather than shorter. Forty five school days works out to about nine weeks with school in session, which lands further out wherever a vacation week or a run of storm days falls inside the count. The 45 school days apply to children 5 to 22 who are the responsibility of the public school system. Children in the Child Development Services System keep a 60 calendar day count. The same window also covers the eligibility decision, so the team determines whether the child qualifies inside it.	Maine Unified Special Education Regulation (05-071 CMR Chapter 101), Section V.1.A(3)(a)(i)www.maine.gov/doe/sites/maine.gov.doe/file
Maryland	60 days from consent, or 90 days from a written referral State-specific 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.	COMAR 13A.05.01.06A(1)mdrules.elaws.us/comar/13a.05.01.06
Massachusetts	30 school days for the evaluation, 45 school days to the eligibility Team meeting State-specific 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.	603 CMR 28.04; M.G.L. c. 71B, Section 3www.doe.mass.edu/lawsregs/603cmr28.html?se
Michigan	30 school days State-specific 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.	Michigan Administrative Rules for Special Education (MARSE) R 340.1721 and R 340.1721bwww.michigan.gov/-/media/Project/Websites/
Minnesota	30 school days State-specific from parental consent to evaluate	Minnesota shortens the federal default sharply to 30 school days for the evaluation and the eligibility determination.	Minn. R. 3525.2550, subp. 2www.revisor.mn.gov/rules/3525.2550/
Mississippi	60 calendar days Federal default from parental consent to evaluate	Mississippi follows the federal 60 calendar day default, counted from the day the district receives signed parental consent. A shorter state clock sits in front of it. Once anyone asks for an evaluation, in writing or in conversation, the multidisciplinary evaluation team meets within 14 calendar days to decide whether to evaluate at all.	7 Miss. Code R. Section 34:300.301(b)mdek12.org/sites/default/files/documents/v
Missouri	60 calendar days Federal default from parental consent to evaluate	Missouri follows the federal 60 calendar day default and puts the eligibility decision inside that same window. The rule words the start point as parent consent or notice, whichever applies, so in the ordinary case the count begins at consent. The state rule also allows a delay for just cause, such as a summer or holiday break or a student illness, documented in the student's record.	Missouri State Plan for Special Education, Regulation III (Identification and Evaluation), Section C (Procedures for Evaluation and Determination of Eligibility), under the heading Evaluation Timelines, incorporated by reference at 5 CSR 20-300.110dese.mo.gov/media/pdf/regulation-iii-ident
Montana	60 calendar days Federal default from date written parental consent is returned	Montana follows the federal 60 calendar day default. The state rule on the comprehensive educational evaluation process adopts 34 CFR 300.301 through 300.311 rather than setting a Montana day count, so the federal figure is the one that applies, counted from the date the district receives the signed Evaluation Plan form.	Mont. Admin. R. 10.16.3321(1), which requires an evaluation to be conducted in accordance with 34 CFR 300.301 through 300.311, read with 34 CFR 300.301(c)(1)(i)www.law.cornell.edu/regulations/montana/Mo
Nebraska	45 school days, capped by the federal 60 calendar days, whichever is stricter State-specific 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.	92 NAC 51-009.04www.education.ne.gov/wp-content/uploads/20
Nevada	45 school days State-specific from parental consent to evaluate	Nevada sets its own window of 45 school days instead of the federal 60 calendar days. The count is in school days, so weekends, school holidays and breaks sit outside it and 45 school days normally covers more calendar time than 60 calendar days do. On a public agency's request the Superintendent of Public Instruction can add up to 15 more school days.	Nev. Admin. Code Section 388.337www.law.cornell.edu/regulations/nevada/NAC
New Hampshire	60 calendar days Federal default 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.	N.H. Code Admin. R. Ed 1107.01(c)gc.nh.gov/rules/state_agencies/ed1100.html
New Jersey	90 calendar days State-specific 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.	N.J.A.C. 6A:14-3.4(e)www.law.cornell.edu/regulations/new-jersey
New Mexico	60 calendar days Federal default 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.	6.31.2.10(F)(2) NMACwww.srca.nm.gov/parts/title06/06.031.0002.
New York	60 school days State-specific 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.	8 NYCRR 200.4www.law.cornell.edu/regulations/new-york/8
North Carolina	90 calendar days State-specific 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.	NC Policies Governing Services for Children with Disabilities, Section 1503-2.3disabilityrightsnc.org/resources/iep-refer
North Dakota	60 calendar days Federal default from parental consent to evaluate	North Dakota keeps the federal 60 calendar day count and writes it into its own rule, then adds two extension grounds the federal regulation does not carry. N.D. Admin. Code 67-23-01-03 gives a district sixty calendar days after obtaining parental consent for the evaluation, unless an extension is necessary because of documented extreme weather that prevented or interfered with the evaluation, or unless either party establishes to the department's satisfaction that access to a qualified evaluator is so limited that the evaluation cannot occur in the initial sixty days. With any extension included, the evaluation period may not exceed ninety calendar days. The department's Guidelines: Evaluation Process counts those sixty days through school breaks and holidays and has a district that misses the timeline document the reasons for the delay.	N.D. Admin. Code 67-23-01-03ndlegis.gov/information/acdata/pdf/67-23-0
Ohio	60 calendar days Federal default 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.	Ohio Admin. Code 3301-51-06(B)(4)(a)codes.ohio.gov/ohio-administrative-code/ru
Oklahoma	45 school days State-specific from parental written consent	Oklahoma sets its own window of 45 school days instead of the federal 60 calendar days, running from consent through the initial eligibility determination. School days are days students attend for instruction, so weekends, holidays and summer break fall outside the count, which stretches the real-world window beyond the federal 60 calendar days and can carry a spring consent into the following school year.	Oklahoma Special Education Policies and Procedures, 2026 edition, the Oklahoma Policies list item 3 with Chapter 5, Section 3, D.1oklahoma.gov/content/dam/ok/en/osde/docume
Oregon	60 school days State-specific 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.	Or. Admin. R. 581-015-2110(5)(a)secure.sos.state.or.us/oard/view.action?ru
Pennsylvania	60 calendar days (summer break excluded from the count) State-specific 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.	22 Pa. Code Section 14.123(b)www.pacodeandbulletin.gov/Display/pacode?f
Rhode Islandconfirm	63 calendar days State-specific from receipt of written parental consent to evaluate	Rhode Island left the federal 60 calendar day default on July 1 2026, when a 2024 act set the state figure at 63 calendar days from receipt of written parental consent, covering the evaluation and the eligibility meeting. The state regulation still prints 60 because the matching rule change has not been filed. Before that clock starts, a team meets within 10 school days of a referral to decide whether an evaluation is needed, then the evaluation begins within 10 school days of consent.	R.I. Gen. Laws Section 16-24-1.1(g), with the underlying rule at 200-RICR-20-30-6.7.2(A)(1)webserver.rilegislature.gov/Statutes/TITLEDay count corroborated by an official source; the exact rule subsection was not independently confirmed. Confirm the current figure with Rhode Island Department of Education.
South Carolina	60 calendar days Federal default from the district's receipt of written parental consent to evaluate	South Carolina follows the federal 60 calendar day default, counted from the day the district receives written parental consent. State Board of Education Regulation 43-243 adopts the federal Part 300 rules in full and sets no separate state deadline. The state's published policies under IDEA add a step past the evaluation. An evaluation counts as concluded once the team verifies it has gathered everything needed to decide eligibility, then the eligibility decision follows within 15 days of that conclusion.	S.C. Code Regs. 43-243 sections I and II, which adopt 34 CFR Part 300 in full, read with 34 CFR 300.301(c)(1)(i)www.scstatehouse.gov/coderegs/Chapter%2043
South Dakota	25 school days for the evaluation, plus 30 calendar days to determine eligibility State-specific from parental consent to evaluate	South Dakota runs a two-part clock instead of the federal 60 calendar days. A district completes the initial evaluation within 25 school days of receiving signed parent consent to evaluate, then has 30 more calendar days from the end of that window to write the evaluation reports, determine eligibility and hold the IEP team meeting. Parents and school administration can agree in writing to a different evaluation window, in which case the 30 day count runs from the end of the window they agreed on. South Dakota's rules define a day as a calendar day unless a rule says business day or school day, so the second half of the clock includes weekends and breaks while the first half does not.	S.D. Admin. R. 24:05:25:03sdlegislature.gov/Rules/Administrative/24:
Tennessee	60 calendar days Federal default 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.	Tenn. State Board of Education Rule 0520-01-09-.05(1)(f)www.tn.gov/content/dam/tn/education/legal/
Texas	45 school days State-specific from receipt of parental written consent	Texas measures its evaluation window in school days rather than the federal 60 calendar days, so weekends, holidays and school closures sit outside the count and 45 school days often covers more of the calendar than the federal 60 days do. If a student is absent 3 or more school days during the evaluation window, the deadline extends by that many days.	19 Tex. Admin. Code Section 89.1011(d)spedsupport.tea.texas.gov/sites/default/fi
Utah	45 school days State-specific from parental consent to evaluate	Utah measures its 45 day window in school days rather than the federal 60 calendar days, covering the evaluation and the eligibility determination. A school day counts only when students are in attendance for instructional purposes, so consent signed close to a long break lands the completion date further out on the calendar than 45 days would suggest.	Utah State Board of Education Special Education Rules, Rule II.Dwww.schools.utah.gov/specialeducation/_spe
Vermont	60 days Federal default 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.	Vermont Special Education Rules Section 2362.2.1education.vermont.gov/sites/aoe/files/edu-
Virginia	65 business days State-specific 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.	8 VAC 20-81-60law.lis.virginia.gov/admincode/title8/agen
Washingtonconfirm	35 school days State-specific from receipt of written parental consent	Washington measures its evaluation window in school days rather than the federal 60 calendar days. A district completes an initial evaluation within 35 school days of receiving written parental consent. Since June 11, 2026 a second deadline sits behind that one: the district gives the family a copy of the evaluation report by the 35th school day, then holds the eligibility determination meeting no sooner than five school days later and no later than the 40th school day after consent. A separate 25 school day period runs before all of it, from the day the district receives a request for an initial evaluation to the day it decides whether to evaluate at all.	WAC 392-172A-03005(2)(c) and (3)(a); RCW 28A.155.265(1), added by 2026 c 34 s 2 (ESHB 2557)app.leg.wa.gov/wac/default.aspx?cite=392-1A 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.
West Virginia	80 calendar days State-specific 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.	West Virginia Policy 2419 (126CSR16), Chapter 3, Section 2.A (Initial Evaluation)apps.sos.wv.gov/adlaw/csr/ruleview.aspx?do
Wisconsin	60 calendar days Federal default from parental consent to evaluate	Wisconsin follows the federal 60 calendar day default for determining eligibility after consent.	Wis. Stat. Section 115.78(3)(a)docs.legis.wisconsin.gov/statutes/statutes
Wyoming	60 calendar days Federal default from parental consent to evaluate	Wyoming follows the federal 60 calendar day default for the initial comprehensive evaluation.	Wyoming Chapter 7 Rules, Section 7-4edu.wyoming.gov/wp-content/uploads/2025/02

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).

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 · sites.ed.gov/idea/regs/b/b/300.151

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 · sites.ed.gov/idea/regs/b/e/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 · sites.ed.gov/idea/regs/b/e/300.507

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Questions parents ask

How long does an initial IEP evaluation take?

Under IDEA, a school must complete a child's initial 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 default and the rest set a shorter or a differently measured window, which is what the table above shows.

What are my options if I disagree with the school?

Every state offers the three IDEA dispute-resolution routes: a state complaint, mediation and a due process hearing. Each is explained above, with its federal citation. Mediation is voluntary and free. It never delays or denies a parent's right to a due process hearing.

Does my state measure the timeline the same way as the federal rule?

Not always. Some states count in school days rather than calendar days, some measure from the written referral rather than from consent and some fold the eligibility decision or the first IEP into the same window. The "what is different" column names how each state deviates, so you are comparing like with like rather than just numbers.

Sources

What the facts on this page come from

34 CFR 300.301 (Initial evaluations) sites.ed.gov/idea/regs/b/d/300.301
34 CFR 300.151-300.153 (State complaint procedures) sites.ed.gov/idea/regs/b/b/300.151
34 CFR 300.506 (Mediation) sites.ed.gov/idea/regs/b/e/300.506
34 CFR 300.507-300.516 (Due process complaints and hearings) sites.ed.gov/idea/regs/b/e/300.507

A few state rows rest on an official or near-official day count without the exact rule subsection independently confirmed. Those rows carry a confirm note at the cell. Confirm any time-sensitive figure with your state education agency before you rely on it.

Last reviewed July 19, 2026. That is the day this page was last read against the sources above, not the day the site was rebuilt. How this library is verified

This page is general educational information for parents, not legal or educational advice. It does not tell any family what to do. Every example here is a starting point to discuss and adapt with your child's IEP or 504 team, which decides what fits your child from the evaluation. Confirm anything time-sensitive with your school or district. For a genuinely contested situation, a special education advocate or an attorney who works in your state is the right person to ask.