Washington

1. Initial evaluation timeline

35 school days from the district’s receipt of written parental consent - not calendar days, and not the federal 60. WAC 392-172A-03005(3): the district must “fully evaluate the student and arrive at a decision regarding eligibility within thirty-five school days after the date written consent for an evaluation has been provided to the school district by the parent” (or after consent is obtained through mediation, or a parent’s refusal is overridden by an ALJ, or an alternate timeline is agreed to in writing). Two exceptions toll the clock: the parent repeatedly fails or refuses to produce the child, or the student enrolls in a different district mid-evaluation. Source: WAC 392-172A-03005.

Because the count is in school days - “any day, including a partial day that children are in attendance at school for instructional purposes,” 34 C.F.R. § 300.11(c) - a consent signed in late spring does not produce an eligibility decision 35 calendar days later; summer stops the clock. Source: 34 C.F.R. § 300.11 (Cornell LII).

New as of June 11, 2026 - ESHB 2557 (Chapter 34, 2026 Laws). The district must complete the evaluation and give the parent an accessible, retainable copy of the evaluation report no later than the 35th school day after consent. The eligibility meeting must occur no sooner than five school days after the report is provided and no later than the 40th school day after consent. A parent may waive only the five-school-day review period, voluntarily and in writing for that specific meeting. The 35-day completion/report deadline and 40-day outside meeting deadline are not waived by that form. Without a valid waiver, failure to provide the report on time is a procedural violation. As of this law check, the Legislature’s current WAC page still shows the 2021 version of WAC 392-172A-03005, but the later-enacted statute is effective and OSPI’s April 2026 FAQ instructs districts to follow it. Sources: ESHB 2557 session law; WA Legislature bill summary - HB 2557; OSPI ESHB 2557 Evaluation & Eligibility FAQ; current WAC 392-172A-03005.

2. Eligibility-to-IEP timeline

Washington runs two clocks here.

• Eligibility meeting: under ESHB 2557, the eligibility determination meeting must be held no later than the 40th school day following receipt of parental consent (and no earlier than five school days after the evaluation report goes to the parent). Source: ESHB 2557 session law.

• IEP meeting: WAC 392-172A-03105 requires the district to “hold a meeting to develop the student’s IEP within thirty days of a determination that the student is eligible,“ with services provided as soon as possible after the IEP is developed. The WAC states ”thirty days“ without qualifying them as school days, so read them as calendar days. Source: WAC 392-172A-03105.