A referral gets an answer within 15 school days
A referral for a full individual and initial evaluation (FIIE) can come from a parent, from campus staff, or from another person involved in the student's education or care. When a parent submits a written request to the district's director of special education or to a district administrative employee, Texas Education Code §29.004 and 19 TAC §89.1011 give the district 15 school days to respond in one of two ways:
- Propose the evaluation. Give the parent prior written notice of the proposal, a copy of the procedural safeguards notice, and an opportunity to give written consent.
- Refuse the evaluation. Give the parent prior written notice of the refusal and a copy of the procedural safeguards notice.
Referrals from campus staff go through your district's referral process. Holding every referral to the same 15-school-day clock keeps any one of them from waiting unnoticed. Interventions do not pause the clock either: federal guidance is clear that a district cannot use a response-to-intervention process to delay or deny an evaluation (OSEP Memo 11-07).
The FIIE is due 45 school days after written consent
Once the district receives the parent's signed written consent, the written FIIE report must be completed no later than the 45th school day after that date (TEC §29.004). Federal rules allow 60 days from consent unless a state sets its own timeline (34 CFR §300.301); Texas sets its own, so 45 school days is the one to meet.
The day consent arrives does not count. Day 1 is the next school day, and day 45 is the due date. Two exceptions move it: the June 30 rule for consent received late in the school year, and the extension for a student absent 3 or more days. Both are covered below.
School days and calendar days are counted differently
The 15-day and 45-day clocks count school days: days the student's school is in session for instruction. Weekends, holidays, staff development days, fall break, Thanksgiving week, winter break, and spring break do not count. Neither does a day the district closes for weather, which is why one snow day moves every open school-day deadline that runs past it.
Summer does not count either. A school-day count that reaches the last instructional day of the year picks up again on the first instructional day of the next one.
The 30-day clock to the initial ARD counts calendar days. Every day counts, weekends and breaks included.
15 days to respond to a referral. 45 days to the FIIE. The absence extension. The June 30 window.
30 days from the completed FIIE report to the initial ARD.
Every district sets its own calendar, so the same consent date produces different due dates in two neighboring districts. The count has to run against your calendar, and it has to run again whenever the calendar changes.