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

You signed consent for an evaluation. Here is exactly what Wisconsin law requires next, and what to do if the date passes.

Wisconsin is three deadlines in a row

Most parents only hear about the 60 days. There is one before it and one after it, and both are enforceable.

1. 15 business days — from receiving your referral, the district must send you the consent request, or notice that no additional data are needed.
2. 60 days — from receiving your consent, the district must determine eligibility.
3. 30 days — after eligibility is determined, the IEP and placement must be in place.

So from a written referral, the whole sequence is on a clock. A district that never sends you a consent form has already missed a deadline, even though the 60 days never started.

The part most parents miss: eligibility is the finish line, not testing

The 60 days do not stop when the last assessment is scored. The eligibility determination has to be made inside the window. A district that finishes testing on day 55 and schedules the eligibility decision for day 80 has missed the deadline.

Ask early, in writing, for the date the eligibility determination is scheduled. Do not wait until day 60 to find out it was never put on a calendar.

How to count your deadline

1. Find the date the district received your consent — or the date it gave you notice that no additional data are needed.
2. Count forward 60 days, including weekends and holidays.
3. That date is the deadline for the eligibility determination.
4. If your child is found eligible, count 30 more days for the IEP and placement.

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 Wisconsin this goes to the Department of Public Instruction (DPI). It is free and does not require a lawyer.
4. Keep the paper trail. Every date, every email, every response.