Idaho

Threshold structural point (read this first). Idaho has no free-standing special-education chapter in its administrative code. The Idaho Special Education Manual is itself the rule: IDAPA 08.02.03.004.04 incorporates by reference “The Idaho Special Education Manual as adopted by the State Board of Education on November 20, 2025,“ with an effective date of (7-1-26). The former special-education rule at IDAPA 08.02.03.109 now reads “(RESERVED)“ - so the internal citations to ”IDAPA 08.02.03.109.03/.05“ that still litter the Manual point at a section that no longer carries text. Cite the Manual (as incorporated at 004.04), not § 109. Sources: IDAPA 08.02.03 - Rules Governing Thoroughness, current text (PDF); Idaho Admin. Code r. 08.02.03.109 (Cornell LII) - “RESERVED”; OSBE - Documents Incorporated by Reference.

1. Initial evaluation timeline

For events on or after July 1, 2026: 45 schooldays from the LEA’s receipt of written parental consent for the initial assessment or evaluation to the eligibility determination, not merely completion of testing. Chapter 4, § F of the current Idaho Special Education Manual states: “The time between receiving written consent for initial assessment and/or evaluation and eligibility determination cannot exceed forty-five (45) school days.“ IDAPA 08.02.03.004.04 incorporates the Manual adopted November 20, 2025, effective July 1, 2026.

• What a “school day” is: “Any day, including a partial day, when all students are in attendance at school for instructional purposes.” (Manual, Glossary.) So summer, winter/spring break, snow days, and in-service days do not count - a consent signed in May does not produce an eligibility determination 45 calendar days later. “Calendar day” is used interchangeably with “day” unless the Manual says business or school day; “business day” is Monday-Friday excluding federal and state holidays.

• Effective-date warning: do not apply the 45-school-day rule retroactively to an event governed by an earlier manual. For consent received before July 1, 2026, identify the rule in force on the relevant date and obtain current legal advice if the timeline crosses the effective date.

• Enumerated exceptions (Manual Ch. 4 § F): (1) the student enrolls in another LEA after the timeline begins and before eligibility is determined, in which case the parent and the new LEA may agree in writing to an alternative timeline; and (2) the parent repeatedly fails or refuses to produce the student after documented scheduling efforts. Part C (Infant Toddler Program) transitions are governed instead by the third-birthday deadline.

• Front-end trap: written notice must precede the proposed evaluation by a “reasonable time,” which the Manual’s glossary defines as ten (10) calendar days absent exceptional circumstances. The 45-school-day clock does not start until written consent is received back.

• Current text: use the 2025 Idaho Special Education Manual identified on the current SDE Manual page for events on or after July 1, 2026. The SDE page and IDAPA 08.02.03.004.04 confirm the operative adoption and effective date.

2. Eligibility-to-IEP timeline

30 calendar days from the eligibility determination to development and implementation of the IEP. Chapter 4, § F states: “The time between eligibility determination and the development and implementation of the IEP shall not exceed thirty (30) calendar days.“ For a child transitioning from the Infant Toddler Program, eligibility must be determined and the IEP developed by the third birthday; if the child turns three during summer, is eligible, and does not need ESY, services may begin in the new school year. Source: current Idaho Special Education Manual page.

Consent for initial provision of services is separately required after the IEP is developed; refusal in writing means the LEA shall not provide services and does not violate FAPE.