Alabama IEP evaluation deadline: how long does the school have?
You signed consent for the evaluation. Here is exactly what Alabama law requires next, and what to do if the date passes.
From the day the district receives your written parental consent, it must complete the evaluation. The eligibility decision then follows within 30 calendar days after the evaluation is complete.
- Day type
- Calendar days — no break exceptions
- Clock starts at
- Parental consent
- What the deadline covers
- The evaluation. Eligibility is a separate 30-calendar-day step after that.
- Legal citation
- Ala. Admin. Code r. 290-8-9-.02
The part most parents miss: summer does not stop the clock
Alabama says the opposite of what many parents are told. The 60 calendar days run regardless of scholastic-year interruptions or summer vacation. Winter break counts. Spring break counts. Summer counts.
So if you sign consent in early May, the deadline lands in early July — during the summer. The district does not get to restart in August.
How to count your deadline
- Find the date the district received your signed consent. Not the date you mailed it — the date they got it.
- Count forward 60 calendar days, including weekends, holidays, breaks, and summer.
- That date is the deadline for the evaluation to be complete.
- From the date the evaluation is actually completed, count forward 30 calendar days. That is the outside date for the eligibility decision.
What to do if the deadline passes
- Put it in writing the same week. Email the case manager and the special education director. State the consent date, the deadline date, and that it has passed. A phone call creates no record.
- Ask for prior written notice. If the district refuses or delays, you are entitled to a written explanation of what it is doing and why.
- File a state complaint. A missed timeline is a straightforward compliance violation. In Alabama this goes to the Alabama State Department of Education, Special Education Services. It is free and does not require a lawyer.
- Keep the paper trail. Every date, every email, every response.
Free: IEP evaluation deadlines for all 51 jurisdictions
A one-page chart of every state's deadline, day type, and when the clock starts — plus a playbook for when a district blows the date.
Get the free cheat sheetNeed the letters too? The Evaluation Request Kit has fill-in templates for the request, the follow-up, and the complaint.
Sources
- Ala. Admin. Code r. 290-8-9-.02 — 60-calendar-day evaluation timeline and 30-day eligibility rule
- 34 CFR § 300.301(c)(1) — federal 60-day initial evaluation baseline
Verified July 2026. State rules change — confirm against the current code before relying on a date.