Four facts from the federal regulations that decide whether your child's evaluation is late, and whether you will be charged - with the rule numbers so you can check them.
Day 1 is the day the school district receives your SIGNED consent form. Not the day you mailed your letter. Not the day of the meeting where you asked. Most of the arguments I hear between parents and districts come down to that one fact, so here it is first.
Federal rule: the initial evaluation must be conducted within 60 days of the district receiving your consent for the evaluation - or within the timeframe your state set, if your state set one (34 CFR 300.301(c)). Two things follow from that.
The clock can also pause - if a parent repeatedly does not produce the child for the evaluation, or if the child changes districts mid-evaluation (34 CFR 300.301(d)).
From the date the lead agency or early-intervention provider receives the referral, screening, the initial evaluation and assessments, and the initial IFSP meeting must be completed within 45 days (34 CFR 303.310(a)). Read the end of that sentence again. The 45 days ends at the meeting, not at the first therapy session. Services start on the dates written into the IFSP itself.
So "services begin within 45 days" is not what the rule says. A parent who believes it will think a compliant agency is late. The 45 days can also be extended for documented exceptional family circumstances, or where consent has not been given despite documented repeated attempts (303.310(b)).
One more thing parents are rarely told: you can refer your own child to Part C. No physician referral is required.
The rule does NOT say "free regardless of income." A state may run a system of payments with sliding or cost-participation fees (34 CFR 303.521(a)(1)). If your family meets the state's definition of inability to pay, all Part C services must be provided at no cost (303.521(a)(4)(ii)). What is free everywhere: child find, evaluation and assessment, service coordination, and your procedural safeguards. The practical point - if money is tight, ask for the inability-to-pay determination. Nobody hands it to you because a website said it was already free.
State insurance mandates apply to state-regulated plans. Under federal law (ERISA, 29 U.S.C. 1144(b)(2)(B)), a self-funded employer plan is not treated as an insurer for purposes of state insurance law - so a state mandate does not reach it. A large share of employer-covered families are in exactly those plans. The question that changes your whole strategy is one email to HR: "Is our plan self-funded or fully insured?"
When does the 60-day IDEA evaluation clock start?
It starts when the school district receives the parent's signed consent for the evaluation (34 CFR 300.301(c)(1)(i)) - not when the parent first asks in writing. If the state set its own timeframe, that timeframe applies instead.
Does the district always have exactly 60 days?
No. The federal default is 60 days from receipt of consent, but the regulation lets a state establish its own timeframe (34 CFR 300.301(c)(1)(ii)). Check your state's rule before counting.
What has to happen within 45 days under Part C?
Screening, the initial evaluation and assessments, and the initial IFSP meeting must be completed within 45 days of the referral (34 CFR 303.310(a)). Services begin on the dates written in the IFSP - the 45 days ends at the meeting, not at service start.
Is Part C early intervention free?
Not automatically. States may charge sliding-scale or cost-participation fees (34 CFR 303.521). If the family meets the state's definition of inability to pay, all Part C services must be provided at no cost. Child find, evaluation and assessment, service coordination and procedural safeguards are at no cost regardless.
Do state autism insurance mandates cover every plan?
No. Self-funded employer plans are governed by federal ERISA rules and are not subject to state insurance mandates (29 U.S.C. 1144(b)(2)(B)). Ask your employer whether the plan is self-funded or fully insured.
Facts on this page were checked against the primary sources named above on September 2, 2026 (eCFR sections 300.301, 303.310 and 303.521 read at source that day; the ERISA clause read at govinfo on August 8, 2026). Regulations and board rules change. If the source and this page ever disagree, the source wins - and tell us, so we fix the page.
General educational information - not legal, medical or clinical advice, and not a substitute for reading the regulation or the board's own pages. Special Learning is an education company, not a law firm and not a credentialing body.
Add your email and your free Family Guide to ABA opens right here, straight away — a plain-language PDF you can keep and share. We’ll also add you to our occasional notes for families.
General educational information for families — not medical, diagnostic or clinical advice. We’ll add you to our occasional notes and you can unsubscribe at any time.
The clock above is the school's; yours does not have to stop. Journey to Independence: ABA for Parents is a self-paced online course from Special Learning built for families waiting on ABA services. $129.
See the parent course - $129