Under 34 CFR § 300.301(c)(1), the initial evaluation must be conducted within 60 days after receiving parental consent for the evaluation or, if the State establishes a timeframe within which the evaluation must be conducted, within that timeframe. Pursuant to 34 CFR § 300.301(d), the timeframe does not apply if: (1) the parent of a child repeatedly fails or refuses to produce the child for evaluation; or (2) a child enrolls in a school of another public agency after the relevant timeframe in 34 CFR § 300.301(c)(1) has begun, and prior to a determination by the child’s previous public agency as to whether the child is a child with a disability under 34 CFR § 300.8. In the regulations, a day is a calendar day unless otherwise indicated as a business day or school day. 34 CFR § 300.11. As contemplated in the regulation, a State is permitted to establish a timeframe that is different from the 60-day timeframe. State-established timeframes generally also incorporates the exceptions in 34 CFR § 300.301(d), as described above. There is no exception in 34 CFR § 300.301(d) that would permit the applicable initial evaluation timeline to be suspended because of a school break.
FAQ from the OSEP Update email from November 2019
