Timelines

In Texas, we have the following timelines for initial evaluations and reevaluations:

• Initial Evaluation:
• Not later than 45 school days from date on which the local education agency (LEA) receives written consent for the evaluation from the child’s parent, except that if a student has been absent from school during that period on three (3) or more school days, that period must be extended by a number of school days equal to the number of school days during that period on which the student has been absent.[19 TAC §89.1011(c)(1)]
  
  
• If the LEA received consent for the evaluation from the child’s parent at least 35 but less than 45 school days before the last instructional day of the school year, the evaluation report must be provided to the parent no later than June 30th of that year.
  
  
• If the child was absent from school three or more days between the time that the school district received written consent and the last instructional day of the school year, the evaluation report must be completed not later than the 45th school day following the date on which the LEA received written consent, plus the number of school days the child was absent. [19 TAC §89.1011(e)]
  
  
• For children under five (5) years of age by September 1 of the school year and not enrolled in public school and for children enrolled in a private or home school setting, not later than the 45th school day following the date on which the school district receives written consent for the evaluation from the child’s parent. [19 TAC §89.1011(c)(2)]
  
  

What is considered as the “first day” of the initial evaluation timeline?
The first day of a full individual and initial evaluation timeline is the first school day following the date written consent is received by the local education agency (LEA) from the parent.

When are absences added to the initial evaluation timeline?
Absences are added to the initial evaluation timeline once the student has accumulated at least three absences (i.e., student absences are equal to or greater than three).

When do timelines begin for a verbal request for an initial evaluation?
Districts and charter schools must still comply with all federal prior written notice and procedural safeguard requirements and the requirements for identifying, locating, and evaluating children who are suspected of being a child with a disability and in need of special education. However, a verbal request does not require the district or charter school to respond within the 15-school-day timeline. It is recommended that the LEA develop a plan (operating procedures) for addressing verbal parent requests in a timely manner.

What if a student transfers to another LEA during the evaluation process? If a student was in the process of being evaluated for special education eligibility by an LEA and enrolls in another LEA before the previous LEA completed the full individual and initial evaluation, the new LEA must coordinate with the previous LEA as necessary and as expeditiously as possible to ensure a prompt completion of the evaluation in accordance with 34 CFR, §300.301(d)(2) and (e) and §300.304(c)(5). The original evaluation timeline does not apply if: (1) the new LEA is making sufficient progress to ensure a prompt completion of the evaluation; and (2) the parent and the new LEA agree to a specific time when the evaluation will be completed.

• Reevaluation
• A reevaluation must occur
  
  
• Not more frequently than once a year, unless the parent and the LEA agree otherwise; and
  
  
• At least once every 3 years unless the parent and the LEA agree that a reevaluation is unnecessary.