Texas IEP Evaluation Timeline: What To Do When Schools Delay (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 state law.
This guide explains the specific legal timelines under the Texas Education Code and provides a procedural roadmap for parents to secure the evaluation their child is entitled to.
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.
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.
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:
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
Delivered instantly to your inbox.
Frequently Asked Questions
Does the 45-day timeline include summer break?
No. The evaluation timeline is based on "school days." If there are fewer than 35 school days left in the academic year when you sign consent, the report is typically due by June 30th.
What if my child was absent during the evaluation period?
If your child is absent for 3 or more school days after you sign consent, the deadline is extended by the number of days missed. Absences of 1 or 2 days do not change the deadline.
Can the school extend the deadline because they are short-staffed?
No. Staffing shortages or administrative backlog are not valid legal exceptions to the TEC §29.004 timeline.
What is SPP Indicator 11?
SPP Indicator 11 is a federal reporting requirement that measures the percentage of students evaluated within state timelines. Texas targets 100% compliance. Citing this indicator signals that you understand the district's reporting obligations.
My child was evaluated, but the meeting hasn't happened. Is there a deadline?
Yes. Once the Full Individual and Initial Evaluation (FIIE) is completed, the ARD committee must meet within 30 calendar days. Unlike the testing phase, this timeline includes weekends.
What If You Want the Complete Strategy?
Securing the evaluation is only the first step. The real advocacy work begins at the ARD meeting where services are determined.
The IEP Battle Plan is a comprehensive course that guides you through the entire process, including:
- Analyzing the evaluation report for missing data.
- Scripts for overcoming common school objections.
- When to file a TEA complaint versus when to request a Due Process Hearing.
$497 one-time payment. Lifetime access.
Learn more about the Battle Plan →Related Resources
For more on Texas special education rights:
- How to File a TEA Complaint in Texas - A procedural guide for escalating unresolved disputes.
- Drafting a Compensatory Services Demand Letter - How to calculate and request make-up services.
- Texas ARD Meeting Script - Prepared language for your admission meeting.
For foundational knowledge:
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.