Special education law in Florida includes strict timelines that school districts must follow. Missing or ignoring these deadlines is a violation of your child's rights. As a parent, knowing these timelines puts you in a stronger position to advocate for your child.
THE 30-DAY RULE: RESPONSE TO YOUR REQUEST
Once you have submitted a written request for your child to be evaluated for special education services, the school district has 30 days to either ask for your consent to test your child OR notify you in writing that they will NOT test your child (with a written explanation you can appeal).
THE 60-DAY RULE: COMPLETING THE EVALUATION
Once you give your consent for testing, the school district has 60 days to complete all evaluations. Weekends, school holidays, and vacation breaks do not count toward the 60 days. If your child is absent for more than 8 days during this period, those days also do not count.
AFTER THE EVALUATION: THE ELIGIBILITY MEETING
Within a reasonable time after the 60-day evaluation period, the district must hold a meeting to review the results with you and decide whether your child is eligible for special education services.
THE 30-DAY IEP DEVELOPMENT RULE
If your child is found eligible for special education services, an IEP must be developed within 30 days of that determination.
ANNUAL IEP REVIEWS
Your child's IEP is good for one year. It must be reviewed and updated at least once every 12 months at a team meeting that includes you.
RE-EVALUATION EVERY THREE YEARS
At least every three years, your child must be re-evaluated (with your consent) to determine if they continue to need special education services and what their current needs are.
THE 45-DAY RULE: ACCESS TO RECORDS
If you request access to your child's education records, the district must provide access within 45 days.
LEGAL COMPLAINTS: THE 2-YEAR LIMIT
If something went wrong, a legal complaint generally must be filed within 2 years of the date the issue occurred.
Florida Rural Legal Services, Inc. (FRLS) provides free legal resources to understand IEPs and 504 Plans. Call 1-888-582-3410 for more information.