Wyoming Special Education Evaluation Timeline: The 60-Day Rule Explained

You submitted a written request for a special education evaluation. Now you're waiting — and wondering how long the district can make you wait. In Wyoming, the answer is defined with unusual precision: 60 calendar days from the date you provided signed consent. Not 60 school days. Not "sometime before the end of the year." Calendar days. Every weekend and holiday counts.

How the Wyoming Evaluation Timeline Works

Under Wyoming Chapter 7, Section 4, once a parent provides written consent for an initial evaluation, the district has 60 calendar days to complete the evaluation and convene an eligibility determination meeting.

The clock starts on the date the signed consent form is received by the district — not when they acknowledge it, not when they schedule the first assessment, not when the psychologist is next available. Consent received.

This means the entire process — all assessments across all suspected disability areas, the written evaluation report, and the eligibility meeting — must occur within those 60 days.

Calendar Days, Not School Days

This is the provision that surprises most Wyoming parents and trips up districts too. Many states use school days for evaluation timelines. Wyoming uses calendar days.

What this means in practice: if you sign consent on October 1, the 60-day deadline is November 30 — regardless of fall break, Thanksgiving, teacher in-service days, or anything else. The summer break exception that applies in some states does not apply to the general evaluation timeline in Wyoming.

This is significant. A district that receives consent in late April, with school ending in late May, cannot simply pause the clock for summer and restart in September. The calendar keeps running.

What the Evaluation Must Include

Wyoming Chapter 7 prohibits using a single test or assessment tool as the basis for an eligibility determination. A comprehensive evaluation must:

• Assess the child in all areas of suspected disability
• Use a variety of assessment tools and strategies
• Include information from routine classroom observations
• Gather functional, developmental, and academic data
• Consider information provided by parents

This breadth requirement exists for a reason. A student referred for learning disabilities may also have co-occurring attention, language, or behavioral issues that a narrow evaluation would miss. If the district conducts a single standardized test and declares the child ineligible, you have grounds to request an Independent Educational Evaluation (IEE) at public expense.

How RTI/MTSS Cannot Be Used to Delay the Timeline

One of the most common — and legally problematic — delay tactics in Wyoming is using Response to Intervention (RTI) or Multi-Tiered System of Supports (MTSS) participation as a reason to postpone evaluation.

WDE guidance and federal case law are clear: RTI or MTSS data can be used as part of a comprehensive evaluation, but cannot be used to delay or deny evaluating a child. If a parent requests an evaluation and the district suspects a disability, the 60-day evaluation timeline begins when consent is obtained — regardless of where the child is in the school's MTSS tiers.

If a district tells you your child needs to "complete another six weeks of Tier 2 intervention before we can consider an evaluation," that is incorrect guidance under Wyoming law. You can submit a written request for evaluation citing Chapter 7 Section 4 and demand that the 60-day clock begin upon your signed consent.

The Wyoming Severe Discrepancy Formula for SLD

For Specific Learning Disability (SLD) eligibility, Wyoming uses the "severe discrepancy" model as one eligibility pathway. This model compares a student's measured cognitive ability against their academic achievement. When the gap is statistically significant — and clinically meaningful — the student may be eligible for SLD services.

Advocates need to know several things about this approach:

First, Wyoming also permits the RTI approach to SLD eligibility. Districts may use either approach or a combination. The choice must be documented.

Second, even under the severe discrepancy model, districts cannot rely on a single IQ-achievement discrepancy score alone. The evaluation must include multiple data points: classroom performance data, observation, parent and teacher input, and review of the student's work.

Third, a student who does not demonstrate a statistically significant discrepancy may still qualify under a different disability category. If a student struggles due to executive function deficits, emotional dysregulation, or other factors, evaluating only for SLD may miss the actual barrier.

When the District Misses the Deadline

If the district fails to complete the evaluation and hold an eligibility meeting within 60 calendar days of signed consent, that is a procedural violation of Chapter 7 Section 4 and 34 C.F.R. § 300.301.

Document the signed consent date. Calculate the 60-day deadline. If the deadline passes without an eligibility meeting occurring, you have grounds for a WDE state complaint. Missed evaluation timelines are among the most commonly documented violations in WDE state complaint investigations, and corrective action typically requires the district to complete the evaluation immediately.

Reevaluations and Triennial Reviews

Once a child is found eligible and receiving special education services, Wyoming requires a comprehensive reevaluation every three years (the "triennial review") to determine whether the child still has a disability and whether their educational needs have changed. This reevaluation follows the same comprehensive standards as the initial evaluation.

The triennial review can be skipped only if both the parent and the district agree in writing that a reevaluation is unnecessary. The district should not make this assumption — it requires mutual agreement.

The Wyoming IEP & 504 Advocacy Playbook includes an evaluation request letter template that triggers the 60-day clock, plus IEE request language for when you disagree with the district's evaluation. Get the complete toolkit at /us/wyoming/advocacy/.

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