The IEP Toolkit

New Mexico IEP evaluation deadline: how long does the school have?

You signed consent for testing. Here is exactly what New Mexico requires next, and what to do if the date passes.

60 calendar days

From the day the district receives your consent, it must complete the evaluation and produce the written evaluation report.

Day type
Calendar days — weekends, holidays and breaks count
Clock starts at
Your parental consent to evaluate
What the deadline covers
The evaluation and the written evaluation report
Legal citation
6.31.2.10 NMAC

The report is part of the deadline

New Mexico requires the written evaluation report within the 60 days — not just the testing. "We finished the assessments but the report isn't written yet" is not compliance.

Calendar days, not school days. Weekends, holidays and school breaks all count against the 60. Our research found no state rule pausing New Mexico's clock for breaks, and per U.S. Department of Education guidance there is no federal exception for summer or school breaks.

How to count your deadline

  1. Find the date the district received your signed consent. Not the date you mailed it — the date they got it.
  2. Count forward 60 calendar days, including weekends, holidays and breaks.
  3. That date is the deadline for the evaluation to be complete and the written report to exist.
  4. Ask for a copy of the report. Do not rely on being told it is done.

What to do if the deadline passes

  1. 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.
  2. 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.
  3. File a state complaint. A missed timeline is a straightforward compliance violation. In New Mexico this goes to the Public Education Department (PED). It is free and does not require a lawyer.
  4. 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 sheet

Need the letters too? The Evaluation Request Kit has fill-in templates for the request, the follow-up, and the complaint.

Sources

Verified July 2026. State rules change — confirm against the current code before relying on a date.