New York IEP Timeline: The 60-Day Rule and What Happens When Schools Miss It

If you are a parent in New York City (or anywhere in NY State), you know the drill. You sign the paperwork, and then… you wait.

You call the Committee on Special Education (CSE). You email the school psychologist. You get a voicemail full message or a polite "we’re working on it." Meanwhile, the school year is ticking away, and your child is falling further behind.

In New York, delays are not just annoying—they are illegal. But the rules here are different than in other states.

While federal law gives a "reasonable timeframe," New York State Regulations (Part 200.4) and the NYC Jose P. Consent Decree set hard deadlines. If the DOE misses them, you have the right to force their hand.

The Timeline: 60 Calendar Days (With a Catch)

In New York, the clock starts the moment the district receives your signed Consent for Evaluation.

From that date, the district has 60 Calendar Days to:

  1. Complete all evaluations (Psychological, Educational, Speech, etc.).
  2. Hold the CSE meeting (Eligibility Meeting).
  3. Determine eligibility and recommend placement.

Note: "Calendar Days" means weekends count. The only time the clock pauses is during the summer (July/August) in some specific instances, but generally, the district cannot simply "take the summer off" if consent was signed in May.

For NYC Parents: The "Jose P." Factor

If you live in one of the 32 NYC Community School Districts, you have an extra layer of protection. A decades-old court case called Jose P. v. Ambach monitors the NYC DOE’s timeliness.

  • The Standard: Under Jose P., the DOE is monitored on a strict timeline. If they are late, they are automatically flagged in the "SESIS" computer system.
  • The Reality: Being flagged doesn't always make them move faster. You still have to push.

The Common Delay Tactics (And Why They Don't Work)

Districts often try to "stop the clock" with excuses that sound official but have no legal standing. Here is how to translate them.

Excuse 1: "We don't have a bilingual evaluator available."

The Law: Shortages do not excuse the deadline. If the DOE cannot provide a bilingual provider, they must issue you an RSA (Related Service Authorization) or fund an independent evaluation at market rates.

Excuse 2: "The teacher hasn't finished the Response to Intervention (RtI) data."

The Law: RtI cannot be used to delay or deny an evaluation. Once you sign consent, the 60-day clock runs regardless of RtI status.

Excuse 3: "We are waiting for the doctor's script."

The Law: While medical scripts are needed for certain services (like PT/OT), they should not hold up the evaluation process or the eligibility meeting.

What Happens When Day 61 Hits?

If the deadline passes and you have no meeting scheduled, the district has denied your child a Free Appropriate Public Education (FAPE). In New York, you have two primary options.

Option 1: The State Complaint (The Slow Lane)

You can file a complaint with the New York State Education Department (NYSED). They will investigate, find the district in violation, and order them to finish the evaluation. Cons: Takes months. Does not usually result in "Compensatory Services" for your child.

Option 2: The Impartial Hearing (The Fast Lane)

This is the nuclear option, but in NYC, it is often the standard operating procedure. You file a request for an Impartial Hearing (Due Process).

Why this works: In NYC, filing for a hearing often triggers a "Resolution Meeting" within 15 days. The district sends a representative who actually has the power to fix things because they want you to drop the case. You can often negotiate an immediate IEP meeting, Independent Evaluations (IEEs), and Compensatory Services.

Your Action Plan: The "Notice of Delay"

Do not jump straight to a hearing without creating a paper trail. If your child’s evaluation is overdue, send this email to the CSE Chairperson and the Principal immediately.

Subject: NOTICE OF NON-COMPLIANCE - [Student Name] - 60 Day Violation

Dear Chairperson,

On [Date], the District received my signed consent to evaluate [Student Name]. Under 8 NYCRR § 200.4, the District had 60 calendar days to complete the evaluation and determine eligibility. That deadline expired on [Date].

As of today, we have received no evaluation reports and no meeting notice. This delay constitutes a procedural denial of FAPE.

Please confirm by [Date + 2 days] when the meeting will be held. If I do not receive a confirmed date, I will proceed with filing a Request for Impartial Hearing.

Don't Fight the NYC Bureaucracy Alone

Navigating the NYC special education maze requires a map. I’ve created a NY IEP Delay Response Kit specifically for New York parents.

This free kit includes:

  • ✅ The "60-Day Calculator" (Adjusted for NYS rules)
  • ✅ The "Impartial Hearing Request" Template (Simplified)
  • ✅ A directory of NYS advocacy organizations
Download the NY Delay Response Kit (Coming Soon)

Stop waiting. Start demanding.

Frequently Asked Questions

Does the 60-day timeline include summer break?

Generally, no. The timeline applies during the school year. However, if you sign consent in July or August, the 60-day clock typically does not begin until the first day of school in September, unless your child is 12-month (ESY) eligible.

What if I consented to the evaluation verbally?

Verbal consent does NOT start the clock. The 60-day timeline only begins on the date the district receives your signed consent form. Always keep proof of delivery (email receipt or certified mail).

Can I get private evaluations paid for if they are late?

Yes. If the district misses the 60-day deadline, you can request an Independent Educational Evaluation (IEE) at public expense. You usually need to file a Due Process complaint to force this, but the delay makes it a strong case.

What If You Want the Complete Strategy?

A missed deadline is just one battle. The IEP Battle Plan gives you the full strategy for what happens after you get the meeting.

  • How to read the evaluation report to spot what they missed.
  • Scripts for the 12 most common objections NYC schools use.
  • How to maximize "SETSS" and Related Services in the IEP.

$497 one-time payment. Lifetime access.

Learn more about the Battle Plan →

Related Resources

For more on NYC special education:

Legal Disclaimer: I am a parent with experience in IEP advocacy, not an attorney. This site shares information and personal experience, not legal advice. For legal representation, please consult a special education attorney in your state.