Do weekends count in the Texas IEP timeline?

No. The evaluation phase uses 'school days' (excluding weekends and holidays). However, the 30-day deadline to hold the ARD meeting after the report is finished uses 'calendar days,' which includes weekends.

Texas IEP Evaluation Timeline: The "15-45-30" Rule (2025)

You requested support for your child months ago. The school assured you they would evaluate your child soon. Now, weeks have passed, and you are met with silence while your child continues to struggle without necessary services.

In Texas, the timeline for special education evaluations is not a suggestion. It is a strict legal framework known as the "15-45-30" rule. When schools miss these deadlines, they are not just "behind schedule"—they are in violation of Texas Education Code §29.004.

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The Legal Reality: The "15-45-30" Rule

Texas law (TEC §29.004) supersedes federal guidelines with specific, measurable deadlines. To advocate effectively, you must understand exactly how the clock works.

Know the Statute: TEC §29.004

"A school district shall complete the full individual and initial evaluation... not later than the 45th school day following the date on which the district receives written consent... and shall provide the report to the parent not later than the 30th calendar day after the date the evaluation is conducted."

1. The Response (15 School Days)

From the moment the district receives your written request for an evaluation, they have 15 school days to respond. They must provide one of two things:

A formal consent form to begin testing, OR
A "Prior Written Notice" (PWN) legally explaining why they are refusing the evaluation.

Note: Verbal requests do not start this legal clock. If you requested an evaluation in a conversation or parent-teacher conference, the 15-day timeline has not begun. You must submit your request in writing.

2. The Evaluation (45 School Days)

Once you sign the written consent form, the district has 45 school days to complete the Full Individual and Initial Evaluation (FIIE) and produce a report.

Critical Distinction: These are "school days," not calendar days. This count excludes weekends, holidays, and student holidays/staff development days.

3. The ARD Meeting (30 Calendar Days)

Once the evaluation report is completed, the rules change. The Admission, Review, and Dismissal (ARD) committee must meet to discuss the results within 30 calendar days.

Critical Distinction: This timeline uses "calendar days." If the report is completed on a Friday, the weekend days count toward the 30-day deadline.

Why Delays Happen

While frustrating, evaluation delays are rarely caused by malice. They are typically the result of a systemic capacity crisis. Texas faces a significant shortage of Licensed Specialists in School Psychology (LSSPs), with caseloads often exceeding recommended ratios by 500%.

However, administrative backlogs do not negate your child's right to a Free Appropriate Public Education (FAPE). Understanding that the system is overwhelmed helps you position yourself not as an adversary, but as a parent who understands the process and insists on compliance.

What This Delay Means for Your Child

A missed deadline is not just a paperwork error; it results in a delay of services. Every week without an IEP is a week where your child may be missing:

Specialized instruction in reading or math.
Speech or occupational therapy.
Accommodations necessary for accessing the curriculum.

Under the law, if a timeline violation denies your child educational benefit, the district may be required to provide "compensatory services" to make up for the lost time.

Your Action Plan: Handling a Late Evaluation

Step 1: Audit Your Dates

Verify exactly where the violation occurred:

Consent Date: Locate the date you signed the consent form.
School Calendar: Cross-reference your district's academic calendar to count exactly 45 school days.
Absences: Note that if your child was absent for 3 or more days during the evaluation window, the timeline extends by that number of days.

Step 2: Formalize Verbal Requests

If your initial request was verbal and ignored, establish a paper trail immediately. Send an email to the principal and special education coordinator stating:

"I am writing to formally follow up on my verbal request for an evaluation made on [Date] to [Staff Name]. Please consider this my formal written request as of today."

Step 3: Send a Compliance Notice (SPP 11)

If the 45-school-day window has passed, the district is in violation of State Performance Plan (SPP) Indicator 11. This is a critical compliance metric monitored by the Texas Education Agency (TEA).

Notify the Special Education Director in writing that the deadline has passed and request an immediate date for the completed report.

Step 4: Request Compensatory Services

If the delay was significant, request "compensatory services" to remediate the denial of FAPE. Texas law favors a qualitative approach to these services, meaning the district should provide enough extra support (such as tutoring or summer therapy) to place your child where they would have been had the evaluation been timely.

Get the Texas Evaluation Delay Action Kit

Do not guess at the language. We have prepared the specific email templates and calculation tools you need to address these delays professionally and effectively.

This free kit includes:

✅ The "Day 46" Demand Letter (Citing SPP 11 and TEC §29.004)
✅ School Day vs. Calendar Day Calculator
✅ Compensatory Services Worksheet
✅ The "Verbal Request" Recovery Script

Texas Evaluation FAQ

What is the Day 46 Rule?

If the school misses the 45-school-day deadline, they are in immediate violation. You should request an ARD meeting and cite **SPP Indicator 11** to trigger a compliance review.

Do weekends count in the 45-day evaluation timeline?

No. Texas uses **school days** for the testing phase, but switches to **calendar days** (including weekends) for the 30-day window to hold the ARD meeting once the report is finished.

What if the school is short-staffed?

Staffing shortages (such as a lack of LSSPs) are **not** a legal excuse to delay. The district is still required to provide FAPE on time.

Don't Fight This Battle Alone

Knowing the timeline is just the first step. The IEP Battle Plan gives you the exact scripts, templates, and strategy to enforce it.

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