Kansas IEP Evaluation Timeline, Dispute Routes and Parent Resources (2026)
- Evaluation window
- 60 school days
- The clock starts at
- Written parental consent
- State complaint deadline
- One year
- Due process deadline
- Two years
How long does a school in Kansas have to complete an IEP evaluation?
A Kansas school has 60 school days from the day it receives written parental consent to finish an initial evaluation. School days are days when children are in attendance for instructional purposes, so weekends, holidays and the summer break do not count toward the 60. That window covers more than testing. The district also holds the meeting that decides whether the child qualifies under the Kansas term exceptional child, writes the IEP then starts the services before the count is met. Kansas asks schools to try general education interventions before most referrals from kindergarten through age 21, though a family can ask for the evaluation to go ahead without waiting for those interventions to finish. When a family disagrees with a decision, the Special Education and Title Services team at the Kansas State Department of Education investigates written formal complaints going back one year then appoints mediators at state expense, while a due process hearing starts with a hearing officer appointed by the school district itself, with an appeal to a review officer appointed by the Kansas State Board of Education.
The evaluation timeline in Kansas
| Initial evaluation window | 60 school days |
|---|---|
| The clock starts at | receipt of informed written parental consent |
| Against the federal rule | A timeframe Kansas sets for itself |
IDEA sets a default of 60 calendar days from parental consent for an initial evaluation (34 CFR 300.301(c)(1)). It also lets a state set its own timeframe instead, which is what Kansas has done, so the window above is the one that applies here.
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.
Source: K.A.R. 91-40-8(f), quoted in full in the KSDE Kansas Special Education Process Handbook, Chapter 3 www.ksde.gov/docs/default-source/sets/ph-ch03.pdf?sfvrsn=76504794_5
The same window sits beside all fifty-one jurisdictions on the evaluation timelines by state table, which explains where the federal deadline comes from. To pull one state's window on its own, the evaluation deadline checker returns that single result.
Reevaluation and IEP review cadence in Kansas
Kansas keeps the federal cadence. A reevaluation happens at least once every three years unless the family and the school agree one is not needed. It happens no more than once a year unless both sides agree otherwise. The IEP team reviews the IEP at least once every 12 months. Kansas then adds a consent step the federal rules leave out. Written parental consent is needed before a district makes a substantial change in placement or a material change in services, with state law putting numbers on both. A substantial change in placement means moving a child for more than 25 percent of the school day from a less restrictive setting to a more restrictive one or the reverse. A material change in services means an increase or decrease of 25 percent or more in the duration or frequency of a special education service, a related service or a supplementary aid or service written on the IEP. The department's own handbook adds a third trigger, which is adding a brand new service or dropping one completely. The statute names two situations where that consent is not needed. One is a change of placement ordered under the disciplinary provisions at K.S.A. 72-3433. The other is where the district can show it took reasonable measures to obtain consent then the family did not respond, in which case the district keeps detailed records of its written and verbal contacts before it relies on that silence.
Source: K.S.A. 72-3428(h)(2) (initial evaluation of children prior to provision of services; parental consent; reevaluation), which states the same three year limit at (h)(2)(B) and the same once a year cap at (h)(2)(A) as 34 CFR 300.303(b), with the annual IEP review at K.S.A. 72-3429(f)(1) stating the same requirement as 34 CFR 300.324(b)(1); the Kansas consent step sits at K.S.A. 72-3430(b)(6), which carries both the K.S.A. 72-3433 disciplinary exception and the no-response exception, with the two defined terms at K.S.A. 72-3404(aa) and (bb); the 25 percent thresholds and the department's third trigger of adding a new service or deleting one completely are set out in the KSDE Kansas Special Education Process Handbook, Chapter 4, with the reevaluation cadence walked through in Chapter 7 www.ksrevisor.gov/statutes/chapters/ch72/072_034_0028.html
If you disagree in Kansas
IDEA gives families in every state the same three routes when a disagreement with the school does not resolve at the team table. What changes at the state line is who administers each route, how long you have to file and the local detail below.
The state complaint
Handled by the Special Education and Title Services team at the Kansas State Department of Education, with the complaint itself filed with the commissioner of education. Time limit to file: one year, counted back from the date the complaint is received.
Kansas calls this route a formal complaint. Any person or organization can file a written, signed complaint stating that a public agency broke a state or federal special education requirement, with a copy going to that agency at the same moment it reaches the commissioner of education. Kansas then moves faster than the federal floor. The written report of findings goes to both parties within 30 days of receipt rather than the 60 days federal rules allow, unless exceptional circumstances exist or both sides agree to try mediation first, in which case the 30 days restart from the day the department learns mediation failed. The investigator talks with the person who filed, contacts the agency for its response then may run an on-site investigation before writing findings of fact, conclusions, the reasons behind them and any corrective action with a deadline attached to each step. A school with corrective action to do has 10 calendar days to accept it, ask for more time or appeal. Either side can appeal within those same 10 calendar days to a committee of at least three department members, which finishes its review within 15 days then issues a decision within five days. The department's own flow chart marks that decision as the end of the road, with no further appeal. Where corrective action is affirmed then not started, the State Board of Education can issue an accreditation deficiency advisement, withhold state or federal funds, award money to the person who filed or combine those steps. An issue already inside a due process hearing is set aside until that hearing ends. Complaints arrive by mail or hand delivery at the Landon State Office Building in Topeka or by email to formalcomplaints@ksde.gov, with anything landing outside business hours filed on the next business day. A model form sits on the department's dispute resolution page, though a family can use its own document as long as it carries the required content.
Source: K.A.R. 91-40-51 (filing complaints with the state department of education), quoted in full at the end of the KSDE Kansas Special Education Process Handbook, Chapter 11, with the one year limit and the copy to the agency at subsection (b)(1) and (b)(2), the investigation and the 30 day report at subsection (c), the corrective action steps at subsection (e), the 10 day appeal and the sanctions at subsection (f) then the due process set-aside at subsection (g)(1); the rule puts its own exceptional circumstances language at subsection (f)(1) on the appeal decision, so the exceptional circumstances exception to the 30 day report, the calendar day counts, the filing addresses, the business hours rule then the flow chart's closing of the appeal are all read from the narrative of that same Chapter 11; the model complaint form sits on the department's dispute resolution page; the federal floor for comparison sits at 34 CFR 300.152 and 34 CFR 300.153 www.ksde.gov/docs/default-source/sets/ph-ch11.pdf?sfvrsn=cc5f5e61_7
Mediation
Both sides have to agree before a Kansas mediation starts. The state pays for the whole process, so it costs the family nothing and it costs the district nothing. The mediation coordinator on the Special Education and Title Services team appoints a mediator from the state board's list on a random or other impartial basis, then that mediator contacts both sides and sets a time and a place convenient to both, with a neutral location preferred. Kansas sets a high bar for who sits in that chair. The state rule has a mediator pass a written examination on special education law prescribed by the state board then complete a state board program on mediation technique, procedure and the role of a mediator. The department's own handbook puts a number on that examination, saying a mediator passes it with at least 90 percent accuracy. Employees of the department, of a school district or of a school board cannot serve, nor can anyone carrying a real or perceived conflict of interest. Attorneys are allowed in Kansas mediation sessions, though any party who objects to an attorney being present can withdraw, since the process stays voluntary throughout. What gets said in the room is confidential and cannot be used as evidence at a later hearing or in court. An agreement is written down, signed by both sides then enforceable in a state or federal court. Asking for mediation never delays or gives up the right to a due process hearing. A family can ask for mediation even after a hearing request has been filed, which is why the mediation timeline is kept short.
Source: K.S.A. 72-3438 (dispute resolution through mediation; procedures; list of mediators; costs; time and location; agreements; confidentiality) with the voluntary basis at subsection (b)(1), the no-delay rule at (b)(2), the state board's list at (c), the state bearing the cost at (d), the convenient location at (e), the written agreement at (f) then confidentiality at (g), read with K.A.R. 91-40-28(b)(2), which has a mediator appointed from the state board's list on a random or other impartial basis, then K.A.R. 91-40-29(a) for the mediator qualifications, both reproduced in the KSDE Kansas Special Education Process Handbook, Chapter 10, whose own process flow chart names the mediation coordinator on the Special Education and Title Services team as the desk that makes that appointment; that rule states the examination requirement without naming a score, so the 90 percent figure, the enforceability statement, the conflict of interest bar, the attorney practice then the request forms are read from the Chapter 10 narrative; the federal baseline sits at 34 CFR 300.506 www.ksrevisor.gov/statutes/chapters/ch72/072_034_0038.html
A due process hearing
Time limit to file: two years, with the problem needing to have happened not more than two years before the complaint is filed and the party filing it knowing or having reason to know about the action.
Kansas runs a two step system that starts inside the school system itself. The public agency named in the complaint provides for the hearing and appoints the hearing officer, working from its own list of no more than three qualified people. Within five business days of receiving the complaint that agency gives the family the list plus a description of how the choosing works. The family then has five days to strike names. Strike one or two and the agency appoints from the rest. Strike every name and the agency has three business days to ask the Kansas State Board of Education to appoint one, then written notice of who was appointed goes to both sides within three business days of that request. The department's own handbook names its Special Education Services team as the desk that handles that step. Anyone newly appointed as a hearing officer since 20 May 2000 has to be an attorney, cannot be an employee of the department or of the agency educating the child then has to have completed training conducted or approved by the state board. A party who believes the hearing officer cannot be impartial can file a written request for disqualification, which the officer rules on in a written order. The hearing stays closed unless the family opens it. Unless both sides use the resolution meeting, the hearing happens no later than 35 days from the date the request arrives, with the written decision due within 10 calendar days of the close of the hearing. Then comes the second step. Either side can appeal to the State Board of Education by filing a written notice with the commissioner of education no later than 30 calendar days after the postmark on the decision, addressed to the Special Education and Title Services team in Topeka, with email filing not accepted. A review officer appointed by the state board examines the record, decides whether the hearing followed due process, offers the parties argument, can seek more evidence then writes an independent decision within 20 calendar days of the appeal being filed. Kansas also shortens the court window. A party has 30 days from service of the review officer's decision to file in federal court, where federal rules give 90 days to states that set no limit of their own. A state court challenge runs under the Kansas judicial review act. The two year filing limit lifts where the agency misrepresented that it had resolved the problem or held back information it was required to give the family.
Source: K.S.A. 72-3415(a)(1)(A) (due process hearing, initiation of; complaint notice; response to notice) for the two year limit with its two exceptions at subsection (b)(1), read with K.S.A. 72-3416 (due process meeting; due process requirements; time limitations; access to records; hearing officers) for the closed hearing at subsection (b), the 35 day hearing date at (c), the agency appointing the hearing officer at (e), the disqualification order at (f) then the decision after the close of the hearing at (h), K.S.A. 72-3417 (same; list and appointment of hearing officers; procedure) for the list, the five day strike window then the state board appointment, K.S.A. 72-3418 (appeal and review; procedure; review officers, appointment and duties; federal court actions) for the 30 calendar day notice of appeal and the review officer's 20 calendar day decision at subsection (b)(1), the Kansas judicial review act route at (c) then the 30 day federal court window at (d), with K.A.R. 91-40-28(d)(2) carrying the five business day list then K.A.R. 91-40-28(d)(4) and (d)(5) carrying the three business day steps, both of which name the state board as the body that appoints where a parent strikes every name, matching K.S.A. 72-3417 and K.S.A. 72-3416(f)(1), then K.A.R. 91-40-29(b)(1)(A) the attorney requirement; the cap of three names on an agency's list, the 20 May 2000 date on that attorney requirement, the calendar day reading of the 10 day decision, the naming of the department's Special Education Services team as the desk that carries out that appointment then the refusal of emailed appeal filings are read from the narrative of the KSDE Kansas Special Education Process Handbook, Chapter 12; the federal comparisons sit at 34 CFR 300.507(a)(2), 34 CFR 300.511(e) and 34 CFR 300.516(b) www.ksrevisor.gov/statutes/chapters/ch72/072_034_0015.html
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Who to contact in Kansas
- The state special education office. Special Education and Title Services team, Kansas State Department of Education. This is the office that answers questions about Kansas rules and receives a state complaint.
- Your rights in writing. Parent Rights in Special Education (Procedural Safeguards), the notice published by the Kansas State Department of Education, carrying a February 2020 date in the footer of every page and posted in English plus 18 other language versions. Every district hands parents this notice at least once a year (34 CFR 300.504). It is the plain summary of what you can ask for at each step.
- Parent training and information center. Families Together, Inc.. A parent center is free and federally funded under IDEA. Staff there talk families through the process in their own state at no cost.
- The state rules themselves. Kansas Special Education for Exceptional Children Act, K.S.A. 72-3403 through 72-3481, with the working detail in the state board's regulations at K.A.R. 91-40. This act is Kansas's own special education law, named at K.S.A. 72-3403 then running through the definitions at 72-3404, the evaluation and IEP duties at 72-3428 and 72-3429, parent rights at 72-3430, mediation at 72-3438 then the due process and appeal sections at 72-3415 through 72-3419. It reaches further than the federal law in one way that matters to families, since Kansas counts a gifted child as an exceptional child, so a child identified with giftedness gets an IEP and the state law safeguards even though the federal law covers disability alone. Article 40 of the state board's regulations fills in the operating detail, including the 60 school day evaluation clock at K.A.R. 91-40-8(f), child find and general education intervention at K.A.R. 91-40-7 then the formal complaint process at K.A.R. 91-40-51.
Child Find in Kansas
Kansas puts a step in front of most referrals. Before a child in kindergarten through age 21 is referred for a special education evaluation, school staff need data-based documentation from general education intervention, a requirement Kansas has carried since 2000. That documentation shows either that interventions would be inadequate for the concern raised or that the child received appropriate instruction from qualified staff in regular education settings with achievement measured repeatedly at reasonable intervals. The same rule names a third way in that needs no intervention documentation at all, which is where a parent asks for an evaluation, gives written consent for it then the school agrees an evaluation is appropriate. Two more things keep the step from turning into a waiting room. A parent can ask for an evaluation at any time, in writing or by speaking to the school, then can ask for it to go ahead without waiting for the interventions to finish, in which case the intervention process runs inside the evaluation. The department also reads a reasonable time to respond to a request as no more than 15 school days in most circumstances, with any longer delay needing a reasonable justification. For children from birth to age 5 the district runs screening instead, covering communication, cognitive development, social and emotional development, self-help and adaptive behavior, physical development plus hearing and vision. Screening every child is not required. Screening is available for any child a concern has been raised about, whether that child attends a public school or a private school or is home schooled inside the district's boundaries. Each board also puts out public information about the availability of special education at least once a year.
Source: K.A.R. 91-40-7 (child find), with the screening requirements at subsection (b), the three referral conditions at subsection (c) where (c)(1) and (c)(2) are the general education intervention documentation and (c)(3) is the parent request with written consent plus school agreement, then the annual public information duty at subsection (d), quoted in full in the KSDE Kansas Special Education Process Handbook, Chapter 2, which also carries the department's 15 school day reading of a reasonable response time and the parent's right to ask that the evaluation proceed without waiting for interventions; the same 15 school day reading is repeated in Chapter 3, where the department names K.A.R. 91-40-7(c)(3) as express authority to evaluate a child without going through any general education intervention www.ksde.gov/docs/default-source/sets/ph-ch02.pdf?sfvrsn=43dfd5fe_5
