IEP Evaluation Process in Texas
How long does Texas have to complete an IEP evaluation?
The Full Individual and Initial Evaluation (FIIE) in Texas is the comprehensive assessment process used to determine whether a student has a disability and needs special education services. The process is governed by TEC §29.004, 19 TAC §89.1011, and federal regulations 34 CFR 300.301-300.311. A referral for evaluation may be initiated by a parent, teacher, or other school personnel. When a parent submits a written request for an initial evaluation to the LEA's director of special education or an administrative employee, the district must respond within 15 school days by providing either (a) prior written notice of its proposal to conduct the evaluation, a copy of the Notice of Procedural Safeguards, and the opportunity to give written consent, or (b) prior written notice of its refusal to evaluate (19 TAC §89.1011(b); TEC §29.004). Verbal requests do not trigger this 15-school-day response timeline. Once written parental consent is obtained, the LEA must complete the written FIIE report within 45 school days (19 TAC §89.1011(d)). The first day of the 45-school-day timeline is the first school day following receipt of written consent. A 'school day' means any instructional day, including shortened days, between the first and last day of school, and excludes days between the last instructional day of spring and the first of fall (TEC §29.004). If the student is absent three or more school days during the evaluation period, the 45-day timeline is extended by the number of days absent (19 TAC §89.1011(d)(1)). A special end-of-year exception applies: if consent is received within 35 to fewer than 45 school days before the last instructional day, the evaluation report must be provided to the parent by June 30, and the ARD committee must meet by the 15th school day of the following school year (19 TAC §89.1011(e)). The FIIE must be sufficiently comprehensive to identify all of the student's special education and related service needs, use a variety of assessment tools and strategies, not rely on any single measure or assessment, use technically sound instruments, and be administered by trained and knowledgeable personnel (34 CFR 300.304). Assessments must be provided in the child's native language or other mode of communication and be nondiscriminatory (34 CFR 300.304(c)(1)). Reevaluations follow the same general requirements and must occur at least every three years (triennial) unless waived by agreement of the parent and LEA (34 CFR 300.303). Before conducting a reevaluation, the ARD committee must review existing evaluation data (REED) to determine whether additional assessments are needed (34 CFR 300.305).
What Texas Requires
LEA must respond to written parent request for evaluation within 15 school days with prior written notice and consent form or refusal (19 TAC §89.1011(b); TEC §29.004)
FIIE written report must be completed within 45 school days from receipt of written parental consent (19 TAC §89.1011(d))
Timeline extends by number of absences if student is absent 3+ school days during evaluation period (19 TAC §89.1011(d)(1))
End-of-year exception: consent received 35-44 school days before last day requires report by June 30 and ARD by 15th school day of next year (19 TAC §89.1011(e))
Evaluation must use multiple assessment tools, be nondiscriminatory, and assess all areas of suspected disability (34 CFR 300.304)
Reevaluation at least every 3 years (triennial) unless parent and LEA agree unnecessary; Review of Existing Evaluation Data (REED) required first (34 CFR 300.303; 34 CFR 300.305)
Parent consent required before conducting any evaluation; parent may revoke consent at any time (34 CFR 300.300)
Key Timelines
15 school days: LEA must respond to parent's written evaluation request with prior written notice (19 TAC §89.1011(b); TEC §29.004)
45 school days: FIIE report must be completed from date of written parental consent (19 TAC §89.1011(d))
June 30 deadline: if consent received 35-44 school days before last instructional day, report due by June 30 (19 TAC §89.1011(e))
15 school days: ARD must meet after June 30 report by 15th school day of next school year (19 TAC §89.1011(e))
30 calendar days: ARD must convene after FIIE report completion to determine eligibility (19 TAC §89.1011(g))
At least every 3 years: reevaluation required unless parent and LEA agree otherwise (34 CFR 300.303(b))