IEP Evaluation Process in Alabama

How long does Alabama have to complete an IEP evaluation?

Alabama's evaluation requirements are governed by Ala. Admin. Code r. 290-8-9-.02. The key Alabama-specific timeline: the public agency has 60 calendar days from the date it receives the parent's signed consent for initial evaluation to conduct and complete the evaluation — this applies regardless of scheduled school interruptions or summer vacation. The agency then has 30 additional calendar days to determine eligibility. Alabama's BBSST (Building Based Student Support Team) process requires that intervention strategies be implemented in general education and monitored for a minimum of 8 weeks before referral for special education evaluation; this requirement may be waived for severe cases, young children (ages 3-5), articulation disorders, or traumatic brain injury. Evaluations must use multiple measures, be conducted in the child's native language or communication mode, be non-discriminatory, and be administered by trained personnel. An evaluation conducted within one year of the IEP team meeting is considered valid for initial eligibility purposes. Reevaluation must occur at least every three years. If parents disagree with the school's evaluation, they may request an Independent Educational Evaluation (IEE) at public expense.

What Alabama Requires

The public agency has 60 calendar days from receiving the parent's signed consent to complete the initial evaluation — this timeline runs regardless of scheduled school interruptions or summer vacation (Ala. Admin. Code r. 290-8-9-.02).

Eligibility must be determined within 30 calendar days of completing the evaluation (Ala. Admin. Code r. 290-8-9-.04).

Alabama's BBSST process requires that intervention strategies be implemented and monitored in general education for a minimum of 8 weeks before referral; this may be waived for severe disability, ages 3-5, articulation disorders, or TBI (Ala. Admin. Code r. 290-8-9-.01).

Evaluations must use multiple assessment tools; no single measure may serve as the sole criterion; tests must be validated, administered by trained personnel, and not discriminatory on racial or cultural bases (Ala. Admin. Code r. 290-8-9-.02).

Assessments must be conducted in the child's native language or communication mode (Ala. Admin. Code r. 290-8-9-.02).

If parents disagree with the school's evaluation, they have the right to request an IEE at public expense; the school must either provide the IEE or file for due process to defend its evaluation (Ala. Admin. Code r. 290-8-9-.08).

An evaluation is considered valid for initial eligibility if conducted within one year of the IEP team meeting (Ala. Admin. Code r. 290-8-9-.02).

Key Timelines

Initial evaluation: 60 calendar days from parental consent, regardless of school interruptions or summer (Ala. Admin. Code r. 290-8-9-.02).

Eligibility determination: within 30 calendar days of evaluation completion (Ala. Admin. Code r. 290-8-9-.04).

BBSST intervention: minimum 8 weeks in general education before referral (Ala. Admin. Code r. 290-8-9-.01).

Reevaluation: at least every three years; may not occur more than once per year unless parent and agency agree (Ala. Admin. Code r. 290-8-9-.02).

Reevaluation for Developmental Delay: must occur before the child's 9th birthday (Ala. Admin. Code r. 290-8-9-.03).

Sources

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