Evaluations: SCHOOL SAYS NO 60 DAY TIMELINE ON EVAL REQUEST

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Ali:  My son has had a speech IEP since 2013 but was never given any psychological testing. We requested a psychological evaluation on 9/2/15 but the school psychologist stated that she does not have to do it within 60 days. He is experiencing some deficiencies in Math/Writing. Any way to expedite this process?

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Ali, in the federal special ed law (IDEA) the timeline to complete an evaluation for special ed is 60 days BUT states have the option of choosing a different timeline.

Get a copy of your state special ed regulations to find out the timeline in your state. Contact info for your state is on the Yellow Pages for Kids site. Go to https://www.yellowpagesforkids.com/
click you state. We have links to most state regs on that state’s page.

John

I am in a situation where we have been told that the evaluation has start however due to the current COVID-19 virus they cannot complete the evaluation. We have been given zero information on how the district plans to address this. The 60-day limit was reached in the second week of May. From what I read the districts are still responsible for meeting this obligation or developing a mutually agreeable timeline. Any advice?

Chuck

Some districts & states take the position that if a student is currently under an IEP & additional testing is requested that the 60 day timeline does not apply. IDEA regs do not address this issue. My suggestion is to send a written request to the sp ed office requesting the testing & explaining the deficiencies that you are seeing. Document the psychologist’s comments. The state’s dispute resolution options are available to you.