IEP Evaluation Process in Mississippi
How long does Mississippi have to complete an IEP evaluation?
Mississippi evaluation procedures are governed by Miss. Code Ann. § 37-23-9 and the Mississippi Special Education Regulations, implementing 34 CFR 300.300-300.311. Districts must conduct a full and individual initial evaluation before providing special education services, and written informed parental consent is required before conducting any evaluation. A key Mississippi-specific provision: the state's evaluation timeline is 60 calendar days from written parental consent, not 60 school days as in the federal minimum — this means the clock runs during summer and school breaks (Miss. Code Ann. § 37-23-9; MS Sp. Ed. Regs.). Evaluations must use a variety of tools and strategies, may not discriminate on a racial or cultural basis, must be conducted in the student's native language, and may not rely on a single assessment as the sole criterion (34 CFR 300.304). Students must be evaluated in all areas of suspected disability. Reevaluations are required at least every three years, or sooner if warranted by conditions or requested by parents or teachers. When reevaluation data indicate no new data are needed, parents must be notified and informed of their right to request a formal evaluation (34 CFR 300.305(d)).
What Mississippi Requires
Districts must obtain written informed parental consent before conducting any evaluation; parental consent for evaluation does not constitute consent for placement (34 CFR 300.300; Miss. Code Ann. § 37-23-9).
Mississippi's evaluation timeline is 60 calendar days from written consent to completion — calendar days, not school days, so the clock runs year-round including summer and holidays (Miss. Code Ann. § 37-23-9; MS Sp. Ed. Regs.).
Evaluations must use a variety of tools and strategies; no single assessment may be the sole criterion for eligibility (34 CFR 300.304(b)).
Assessments must be non-discriminatory on racial and cultural bases and conducted in the student's native language (34 CFR 300.304(c)).
Students must be evaluated in all areas of suspected disability, not just the presenting concern (34 CFR 300.304(c)(4)).
When the team determines that no additional evaluation data are needed, parents must be notified and informed of their right to request an evaluation (34 CFR 300.305(d)).
Key Timelines
60 calendar days from written parental consent to complete the initial evaluation and hold the eligibility meeting (Miss. Code Ann. § 37-23-9; MS Sp. Ed. Regs.).
Reevaluation must occur at least every three years, or sooner when conditions warrant (34 CFR 300.303).
Parents must be notified of their right to request reevaluation when the team determines no new data are needed (34 CFR 300.305(d)).
Initial IEP must be developed within 30 days of the eligibility determination (34 CFR 300.323(c)).