Evaluation: Consent, Planning, and the 60-Day Timeline

Once the IEP Team accepts a referral, the evaluation cannot begin until the parent or student (age 19 and older) gives written consent. The date the signed consent is received starts a 60-calendar-day timeline to complete the initial evaluation, making this form one of the most timeline-sensitive documents in the process.

• IDEA — evaluation requirements (Section 1414(a))

• 34 CFR Part 300 — evaluation regulations (300.301–300.306)

• Alabama Administrative Code, Chapter 290-8-9, Rule 290-8-9-.02 — Evaluations

The Notice and Consent for Initial Evaluation documents the reasons for the evaluation, the information used to recommend it, the assessment areas that may be completed, and the parent's written permission.

Describe the other options considered and why they were rejected — for example: "Not testing was considered and rejected because the academic and behavioral difficulties persist after interventions," or "504 considerations were rejected because the difficulties require specially designed instruction for educational benefit." This section must never be left blank.

Consent for evaluation is not consent for services. Giving permission to evaluate does not begin special education services — a separate consent for services is required after eligibility is determined.

The 60-calendar-day timeline begins when the signed consent form is received, which may be later than the date of the meeting where consent was offered. If the parent takes the form home to sign, the timeline starts at receipt, not at the meeting.

A parent may revoke consent for the initial evaluation at any time, but only in writing, and only before the evaluation is completed. Revocation is not retroactive — evaluations already conducted remain valid. If consent is refused or revoked, the LEA may request a conference, and may pursue mediation or due process, but may not conduct the evaluation without signed consent or a hearing officer's order.

An out-of-state transfer student who was IDEA-eligible in another state is evaluated to determine whether he or she meets Alabama Administrative Code criteria. This evaluation is considered an initial evaluation, and the referral form is not required.

• The 60-day timeline counted from the referral date or meeting date instead of the date the signed consent was received

• The "other options considered" section left blank or completed generically

• Additional attempts to obtain consent not documented on the form

• The evaluation proceeding without signed parental consent