IEP Evaluation Process in Florida

How long does Florida have to complete an IEP evaluation?

Florida's evaluation procedures for ESE eligibility are governed by FAC 6A-6.0331 and F.S. §1003.57. Before a student is referred for an initial ESE evaluation, the school must implement general education intervention procedures (also known as a Multi-Tiered System of Supports or MTSS/RtI process) unless the parent requests an evaluation or the child has a suspected disability that warrants immediate evaluation (FAC 6A-6.0331(1)). Once a referral is made, the school district must obtain informed written parental consent before conducting an initial evaluation (FAC 6A-6.0331(4)). Beginning July 1, 2015, the district must complete initial evaluations within 60 calendar days of receipt of parental consent for evaluation (FAC 6A-6.0331(4)). For prekindergarten children ages 3 through kindergarten entry age, the timeline is 60 school days (FAC 6A-6.0331(4)). Calendar days excluded from the 60-day count include all school holidays, Thanksgiving break, winter break, spring break, and summer vacation as adopted by the district school board (FAC 6A-6.0331(4)). The parent and district may mutually agree in writing to extend the timeline by up to 30 additional calendar days, provided the written agreement is secured before the 45th calendar day and after formal testing has begun and it was determined that additional evaluators are needed (FAC 6A-6.0331(4)). The evaluation must be sufficiently comprehensive to identify all of the student's special education and related services needs, use a variety of assessment tools and strategies, be administered in the student's native language or mode of communication, and be administered by trained and knowledgeable personnel (FAC 6A-6.0331; 34 CFR §300.304). A single measure or assessment cannot be the sole criterion for determining eligibility. Reevaluation must occur at least once every three years (triennial), unless the parent and district agree that reevaluation is unnecessary; reevaluation may not occur more than once per year unless both parties agree (FAC 6A-6.0331(7); 34 CFR §300.303). Parental consent is required for reevaluation, and if the parent does not respond to a request for consent, the district may proceed after demonstrating reasonable efforts to obtain consent (FAC 6A-6.0331(7)). Florida permits both the discrepancy model and response to intervention (RtI) for identifying specific learning disabilities under FAC 6A-6.03018. Evaluation findings are reviewed at an eligibility staffing meeting by a multidisciplinary team including the parent, who together determine ESE eligibility under the applicable FAC rule (FAC 6A-6.0331).