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NYC • SPECIAL EDUCATION SERVICES

When the IEP evaluation is late

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Before a child in New York City can get an IEP, the DOE has to evaluate them. Families often sign the consent form and then wait, with no meeting date and no clear answer. This guide explains the timeline the NYC Public Schools publish, what an initial evaluation includes, and what to do when the clock runs past it.

The timeline

The DOE's evaluation page says that after you give consent, it has 60 calendar days to evaluate your child. Calendar days include weekends and school breaks. Write down the date you signed consent and keep a copy of the form, because the count starts there. If you made a referral but were never asked for consent, ask the school in writing when the consent form will be sent. The DOE's page on making a referral explains how a referral starts.

What an initial evaluation includes

The DOE says it evaluates a child in all areas related to the suspected disability, and that the evaluation includes:

Depending on the concern, other assessments may be added, such as speech and language, occupational or physical therapy, a functional behavior assessment, or an assistive technology evaluation. If you cannot get the physical exam, the DOE says to ask the IEP team, CSE or CPSE for help getting one at no cost.

Where it happens

For a student in public school, the school's IEP team does the evaluation. For a child in a religious, private or charter school, or not enrolled, the Committee on Special Education (CSE) evaluates, at the CSE office or at the child's school when possible. Preschool children go through the CPSE, which sends a packet listing approved evaluation sites.

If the 60 days pass

  1. Count the days. From the consent date, count 60 calendar days and note the date it ran out.
  2. Write to the school or CSE. Ask which parts of the evaluation are done, which are still open, and when the IEP meeting will be held. Keep it short and factual. The school email builder can start a draft.
  3. Keep every reply. Save emails, letters and notes from phone calls with the date and the person's name. Our guide to organizing IEP records shows a simple system.
  4. Know the formal options. If the delay continues, families can file a state complaint or a due process complaint.

Why delays can matter later

Time a child spends waiting for an evaluation can be time without services they needed. In some cases, a hearing officer or a settlement looks at that period when deciding whether compensatory services are owed. Whether that applies to your child depends on the facts, and no one can promise an outcome. A dated record of each step makes it possible to answer the question at all.

If your child has gone weeks or months without what the IEP promises, you can ask for a free callback. We explain what families in your situation usually do and, where it fits, connect you with help. There is no cost to you, now or later.

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Last reviewed: October 2026

Questions families ask

How long does NYC have to evaluate my child?

The NYC Public Schools say they have 60 calendar days to evaluate your child after you give consent.

Do weekends and school breaks count?

Yes. The DOE's timeline is in calendar days, not school days.

What if I never received a consent form?

Ask the school or CSE in writing when it will be sent, and keep a copy of your request with the date.

Can my child get make-up services because of a late evaluation?

Sometimes a delay is considered when deciding whether compensatory services are owed. It depends on the facts and the records, and no outcome can be promised.

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Illustrative stock photo. People pictured are not IEP Hours clients.

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