Critical Timelines Every Parent Should Know

Part 6: Navigating Texas Special Education: Your Essential Guide to ARD Meetings

Time matters in special education. Every day a child waits for evaluation is a day without answers. Every week without appropriate services is a week of lost learning opportunities. That's why special education law establishes specific, mandatory timelines that schools must follow.

These aren't suggested targets or aspirational goals; they're legal requirements with real consequences for non-compliance. Understanding these timelines empowers you to hold schools accountable and ensures your child doesn't fall through the cracks while paperwork languishes on someone's desk.

Why Timelines Exist

 Stay on track with Texas special education timelines—know the key dates that keep your child’s services moving forward.

Before we get into specific deadlines, it's worth understanding why they matter so much.

Children with disabilities often struggle while waiting for services. Academic gaps widen. Behavioral issues escalate. Social skills fall further behind. Early intervention makes a tremendous difference, but only if it happens early, not months or years after concerns are first raised.

Mandatory timelines serve as guardrails, preventing both intentional delays and bureaucratic drift. They transform "we'll get to it eventually" into "this must be done by this date." For parents, they provide clear expectations and accountability markers.

Timeline #1: Response to Evaluation Request (15 School Days)

Your child's special education journey often begins when you request an evaluation. From that moment, the clock starts ticking.

The Requirement: When you submit a written request for a Full Individual and Initial Evaluation (FIIE), the school district must respond no later than the 15th school day after receiving your request.

What the Response Must Include: The school cannot simply acknowledge receipt of your request. They must provide a substantive response that includes:

• Either a proposal to conduct the evaluation (with consent forms) OR a refusal to evaluate (with Prior Written Notice explaining why)

• A copy of the Notice of Procedural Safeguards

• A copy of the Parent’s Guide to the Admission, Review, and Dismissal Process

  
  

Why This Matters: Fifteen school days is approximately three weeks. This timeline prevents schools from indefinitely "considering" whether to evaluate your child. Within three weeks of your request, you should have a clear answer and, if the school agrees to evaluate, the documentation you need to provide informed consent.

What If They Miss the Deadline? If the school fails to respond within 15 school days, they're in procedural violation. Document the date you submitted your request and when (or if) you received a response. This becomes important if you later need to pursue dispute resolution.

Pro Tip: Submit evaluation requests in writing (email works) and keep documentation of when you sent them. A verbal request is valid, but written documentation protects you if timeline disputes arise.

Timeline #2: Completion of Initial Evaluation (45 School Days)

Once you provide written consent for the evaluation, another clock begins, and this one governs how long the school has to complete the assessment and prepare a report.

The Requirement: The school must complete the initial evaluation and prepare a written evaluation report no later than 45 school days from the date they receive your written consent to evaluate.

School Days, Not Calendar Days: This is a critical distinction. Summer breaks, winter holidays, and other non-school days don't count toward this timeline. If you provide consent in April, the 45 school days likely extends into the following school year.

What "Complete" Means: Completion means finishing all assessments, compiling results, and preparing a comprehensive written evaluation report. It doesn't mean scheduling the ARD meeting to discuss results; that's a separate timeline we'll cover next.

Why This Matters: Forty-five school days is approximately nine weeks of school. This substantial timeline acknowledges that comprehensive evaluations take time, including arranging assessments, conducting observations, gathering data from multiple sources, and synthesizing results. However, it also sets a firm outer limit, preventing evaluations from dragging on indefinitely.

Common Delays to Watch For: Schools sometimes cite legitimate reasons for delays, a child's extended absence, difficulty scheduling assessments, or waiting for medical information from outside providers. Some of these reasons may extend the timeline, but schools should communicate delays promptly and document reasons. Don't assume delays are justified; ask for clarification and documentation.

Timeline #3: Initial IEP Meeting (30 Calendar Days)

After the evaluation is complete and it is determined if a disability condition is present, the ARD committee must meet to determine eligibility and develop your child's initial IEP, if appropriate.

The Requirement: The ARD committee must meet to develop an initial IEP within 30 calendar days of determining that the child needs special education and related services.

Calendar Days This Time: Unlike the evaluation timeline, this one uses calendar days, not school days. Weekends and holidays count. This timeline moves quickly.

When Eligibility Is Determined: Eligibility is determined at an ARD meeting where the committee reviews the evaluation report. The 30-day clock starts from when the FIIE, the initial evaluation, is complete.

Why This Matters: Once you know whether your child meets disability criteria required for special education, eligibility cannot be determined, and services cannot begin until an IEP is developed and you provide consent. The 30-calendar-day requirement ensures your child doesn't wait more than a month to have their educational program designed and services initiated.

Services Must Begin: Once the IEP is developed and you consent to services, the school must begin providing services as soon as possible. There's no additional waiting period after the initial IEP meeting.

Timeline #4: Annual Review (At Least Once Per Year)

Special education isn't a "set it and forget it" program. Your child's needs change, progress varies, and goals must be updated.

The Requirement: The ARD committee must review your child's IEP at least once per year to determine whether annual goals are being achieved and to revise the IEP as appropriate.

No Skipping Allowed: Schools cannot skip annual ARD meetings because "everything is going fine" or "no changes are needed." The annual review is mandatory, even if the result is deciding that the current IEP remains appropriate with minor revisions.

More Frequently If Needed: While an annual review is the minimum, ARD meetings can occur more frequently. You or the school can request an ARD meeting at any time to address concerns, review progress, or consider changes to the IEP.

Why This Matters: Children grow and change. What worked last year might not work this year. Annual reviews ensure regular check-ins where progress is formally evaluated and programs are adjusted accordingly.

Timing Tip: Many schools schedule annual ARD meetings around the same time each year (often near the anniversary of the initial IEP or at the end/beginning of the school year). However, "annual" means within 12 months, not necessarily on the exact anniversary date.

Timeline #5: Prior Written Notice (5 School Days)

We'll explore Prior Written Notice in detail in Part 7, but the timeline is important enough to include here.

The Requirement: The school must provide Prior Written Notice at least five school days before proposing or refusing to initiate or change your child's identification, evaluation, educational placement, or the provision of FAPE.

Unless You Agree Otherwise: You can agree to a shorter timeframe if circumstances warrant immediate action. This agreement should be in writing.

Why This Matters: Five school days give you time to review the school's proposal or refusal, understand the reasoning, consult with advisors or advocates if needed, and prepare meaningful questions or concerns before any ARD meeting where decisions will be made.

This Prevents Ambush: Prior Written Notice ensures you're never walked into an ARD meeting where unexpected proposals are presented for immediate decision. You should know what's being proposed before you walk through the door.

Timeline #6: Transition Planning (Age-Based)

Transition planning prepares students for life after high school, and Texas requires this planning to begin earlier than federal minimums.

Texas Requirement (Age 14): Transition considerations must begin no later than the first IEP to be in effect when the student turns 14 years of age.

Federal Requirement (Age 16): Measurable postsecondary goals related to training, education, employment, and (when appropriate) independent living must be included no later than the first IEP to be in effect when the child turns 16 years of age.

Why This Matters: Transition planning isn't something that starts senior year. Effective preparation for adult life requires years of intentional skill-building, exploration, and goal-setting. Starting at age 14 gives students four years of high school to work toward postsecondary goals.

What This Looks Like: At age 14, transition planning might include career interest inventories, discussions about post-high school aspirations, and beginning to align IEP goals with long-term objectives. By age 16, the IEP must include specific, measurable postsecondary goals and transition services to help achieve them.

What Happens When Timelines Are Missed?

Understanding timelines is one thing; knowing what to do when schools miss them is another.

Document Everything: Keep records of when you submitted requests, when you provided consent, when meetings occurred, and when documents were provided. If timeline violations occur, documentation is your evidence.

Ask Questions: If a deadline approaches without action from the school, reach out. Sometimes delays have legitimate explanations; other times, a gentle reminder prevents further delays.

State Complaint: If you believe the school has violated timeline requirements, you can file a written complaint with the Texas Education Agency. TEA investigates and, if violations occurred, can order corrective action, including compensatory services.

Due Process: Significant timeline violations, especially those that result in denial of FAPE, can be addressed through due process hearings.

Compensatory Services: When timeline violations result in your child not receiving services they should have received, hearing officers or state complaint investigators can order compensatory services, additional services to make up for what was lost.

Using Timelines Proactively

Don't wait until deadlines are missed to think about timelines. Use them proactively:

Count the Days: When you request an evaluation, mark your calendar for 15 school days out. When you provide consent, calculate 45 school days. When eligibility is determined, note 30 calendar days from that date.

Communicate Expectations: When submitting an evaluation request, you might include language like: "I understand the district has 15 school days to respond to this request, per state requirements." This signals that you're informed and paying attention.

Follow Up: If a deadline approaches without communication from the school, send a polite inquiry: "I submitted my evaluation request on [date], and the 15-school-day response deadline is [date]. Can you provide an update on the status?"

Be Reasonable: Sometimes, legitimate circumstances cause minor delays, staff illness, unexpected school closures, and complex coordination needs. Use timelines as accountability tools, not weapons. The goal is ensuring your child receives timely services, not punishing schools for good-faith delays of a day or two.

Timelines Protect Children

These mandatory timelines exist for one reason: to protect children from unnecessary waiting. Every day matters when a child isn't receiving the support they need.

By understanding these timelines, you become an informed partner in ensuring your child's evaluation, eligibility determination, IEP development, and ongoing services happen within legally required timeframes. You're not being demanding or difficult when you expect schools to meet deadlines; you're advocating for your child's legal right to timely services.

Looking Ahead

Next, we'll cover Prior Written Notice, one of the most important documentation requirements in special education. You'll learn exactly what PWN must contain, why it matters, and how to use it as a transparency and accountability tool throughout your child's special education journey.

This is Part 6 in our series "Navigating Texas Special Education: Your Essential Guide to ARD Meetings." Next up: Part 7: Prior Written Notice - Your Documentation Protection.

Need Help Keeping Track of Texas Special Education Timelines and Deadlines? 

Work with an advocate who can help you monitor evaluations, IEP, and review timelines so your child never misses critical services. Learn more about our Special Education and Section 504 Advocacy Services or request a free consultation. 

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