Age 3+: Child Find and requesting an evaluation
Who can ask, how to ask so the clock actually starts, and why the deadline is the one number here you should look up for your own state.
From age 3, your school district carries an obligation called Child Find: it must identify, locate and evaluate all children with disabilities in its area who may need special education. That duty covers children attending private schools, children who are homeless or wards of the state, and highly mobile children -- and it explicitly includes children who are "advancing from grade to grade." Doing fine academically is not a lawful reason to refuse to evaluate.
- The federal default: the initial evaluation must be conducted within 60 days of the district receiving your written consent.
- The exception that matters: IDEA lets a State set its own timeframe instead, and many have. So the real deadline where you live may not be 60 days, and may not be counted in calendar days at all.
- If the district refuses to evaluate, it must give you prior written notice explaining why, what it relied on, what alternatives it considered, and how to challenge the decision. A verbal "no" is not a lawful answer.
What this looks like in practice (one state's rules, as an example)
Massachusetts does not use the federal 60-calendar-day default. Under its own regulations, within 45 school working days of receiving a parent's written consent the district must provide the evaluation, convene a Team meeting to review the data, determine whether the student requires special education, and -- if so -- develop an IEP, with the assessments themselves completed inside 30 school working days. "School working days" is a materially different unit from calendar days, since it excludes weekends and school holidays. Every state structures this differently; this is one state's version, shown to make the point concrete, not a template for yours.
- IDEA regulations, 34 CFR 300.111 β Child Find
- IDEA regulations, 34 CFR 300.301 β who may request an evaluation, and the 60-day/State timeframe
- IDEA regulations, 34 CFR 300.503 β prior written notice
- IDEA regulations, 34 CFR 300.502 β independent educational evaluation at public expense
- Massachusetts DESE β 603 CMR 28.05(1), the 45-school-working-day timeline (example of a State timeframe)
- Massachusetts DESE β 603 CMR 28.04, evaluation requirements