Reviewed by Dr. Elizabeth Long, Ph.D. — Director of Special Education, 32 years in public schools.
In New York, the school generally has 60 calendar days from when the school receives your written consent to complete your child's initial special education evaluation (under 8 NYCRR 200.4(b)(7)).
What this deadline covers. Whether your child is eligible is a decision made by a group: school staff with the right training, and you. The state does not make that decision, so there is no letter from the state to wait for. The school itself must give you the eligibility paperwork free of charge.
In New York the evaluation deadline is 60 CALENDAR days. A separate 60-SCHOOL-day deadline covers arranging services after that — the two are often confused, and the calendar-day one is the evaluation clock.
Under federal law (20 U.S.C. § 1414(a)(1)(C)) the default is 60 calendar days from the school's receipt of consent, but New York's own rule controls where it sets one.
The timeline generally begins when the school receives your signed written consent — write the deadline on your calendar that day so you can tell early and calmly if things slip. Try the deadline calculator →
"Calendar days," "school days," and "business days" differ sharply — school and business days exclude weekends and breaks, so the same number can mean very different real dates. New York uses the unit shown above.
A ready-to-send letter that formally requests a special education evaluation and starts the timeline. Just add your details. Enter your email and it's yours.
Every state has a federally funded Parent Training and Information Center that helps families for free. In New York, that's Advocates for Children of New York (plus regional centers). For the official rules, see New York's special education office.
Start factually: "Our evaluation was due on [date] based on New York's timeline — can you give me an update?" Get the response in writing, and if it keeps slipping without a plan, it's reasonable to involve the special education director and consider a state complaint. Start by assuming it was a scheduling problem, not bad faith.
State special education rules change and are periodically updated. Confirm the current figure with New York's Department of Education or your district before relying on any exact date. This is educational information, not legal advice.
Dr. Long's Assistant answers your specific questions in plain language — built from Dr. Long's expertise, plus state and federal law read at the source — never the open internet.
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