Nebraska IEP evaluation deadline: how long does the school have?

You signed consent for testing. Nebraska has two clocks running at once. Here is how they work and what to do if the date passes.

Why there are two numbers

Rule 51 — Nebraska's special education regulation — says 45 school days from consent. School days do not include summer or breaks, so on paper a summer referral could stretch a long way.

In April 2023 the Nebraska Department of Education issued a memo, following a federal OSEP clarification from December 2019, saying the evaluation may not exceed 60 calendar days regardless of school breaks. So the 60-calendar-day cap sits on top of the 45-school-day rule.

How to count your deadline

1. Find the date the district received your signed consent. Not the date you mailed it — the date they got it.
2. Count forward 45 school days using your district's calendar. Days students are not in attendance for instruction do not count.
3. Separately, count forward 60 calendar days including weekends, holidays, and breaks.
4. Your deadline is whichever of those two dates comes first.

What to do if the deadline passes

1. Put it in writing the same week. Email the case manager and the special education director. State the consent date, the deadline date, and that it has passed. A phone call creates no record.
2. Ask for prior written notice. If the district refuses or delays, you are entitled to a written explanation of what it is doing and why.
3. File a state complaint. A missed timeline is a straightforward compliance violation. In Nebraska this goes to the Nebraska Department of Education (NDE). It is free and does not require a lawyer.
4. Keep the paper trail. Every date, every email, every response.