Florida’s special education evaluation process is set out in Rule 6A-6.0331, Florida Administrative Code. The rule covers general education interventions (MTSS), parent evaluation requests, the 60-day evaluation timeline, eligibility decisions, reevaluation, and consent for ESE services.
This guide translates Rule 6A-6.0331 into parent-facing steps for Florida families in Miami-Dade, Broward, Hillsborough, Orange, Duval, Palm Beach, and every other Florida district. Use it when you are asking for an IEP evaluation, waiting on testing, or preparing for an eligibility meeting.
If you request an evaluation in writing, the district generally has 30 days to get consent or give you written notice refusing the evaluation. After you sign consent, Florida generally requires the initial evaluation within 60 calendar days (with listed holiday, break, absence, and closure exceptions). Eligibility also depends on category-specific rules such as autism (6A-6.03023), SLD (6A-6.03018), and OHI/ADHD (6A-6.030152).
What Rule 6A-6.0331 covers
Rule 6A-6.0331 is Florida’s core procedure for identifying students who may need exceptional student education (ESE). Districts must locate, evaluate, and, when eligible, provide FAPE to students with disabilities ages 3 through 21, and to gifted students in grades K–12.
The rule also points to Florida’s category eligibility rules. A student is not eligible under a vague “needs help” standard. The team must meet the criteria in the matching category rule.
Step 1: General education interventions (MTSS)
What schools must do
For most K–12 students suspected of having a disability, Florida requires a multi-tiered system of supports before or alongside referral. Parents must be involved. Schools must observe the student, review existing data, screen vision and hearing, and implement evidence-based interventions with progress monitoring shared in an understandable format.
Exceptions
General education interventions are not required for gifted consideration or homebound/hospitalized consideration. A team that includes qualified professionals and the parent may also determine interventions are not appropriate when the student has a speech disorder or severe cognitive, physical, sensory, or social/behavioral needs that require immediate intensive intervention.
Interventions cannot delay evaluation
MTSS cannot be used to delay an evaluation when a disability is suspected. Rule 6A-6.0331(1)(f) says the intervention section does not create a right to delay appropriate evaluation.
Step 2: How to request a Florida IEP evaluation
Put the request in writing
Either a parent or the school district may initiate an initial evaluation. Put your request in writing to the principal and ESE contact. State the concerns, suspected areas (for example reading, behavior, attention, speech), and that you are requesting a full individual evaluation under Rule 6A-6.0331.
District response within 30 days
If you request an evaluation and there is documentation or evidence the student may have a disability and need special education, the district must, within 30 days unless you agree otherwise in writing:
- Obtain consent for the evaluation, or
- Provide prior written notice explaining its refusal under Rule 6A-6.03311
Consent for evaluation vs. consent for services
Consent for evaluation is not consent for ESE services. Those are separate decisions. Before the district conducts an initial evaluation, Rule 6A-6.0331(4)(a) also requires written notice that describes any evaluation procedures the district proposes to conduct. Review that notice with the consent form.
Step 3: The 60-day evaluation timeline
The basic clock
For consents after June 30, 2015, Florida requires initial evaluations of students suspected of having a disability to be completed within 60 calendar days after the district receives parent consent.
Days that do not count
Days that do not count include district-adopted holidays and Thanksgiving/winter/spring breaks, the summer vacation period, days when the student is absent more than eight school days in the 60-day window, and certain emergency closures meeting Rule 6A-6.0331(3)(g) conditions.
Extensions and pauses
The timeline can also pause or extend when:
- Parent and district agree in writing to extend by no more than 30 calendar days after formal testing has begun and more evaluators are needed (agreement must be secured before day 45)
- The parent repeatedly fails or refuses to produce the student for evaluation
- The student transfers districts mid-evaluation and both sides agree on a completion date while progress continues
Gifted timeline
Gifted evaluations follow a different clock: a reasonable period set in the district’s ESE Policies and Procedures, but no more than 90 school days of attendance after consent.
Step 4: What a full individual evaluation must include
Rule 6A-6.0331(5) procedures
Rule 6A-6.0331(5) sets Florida’s evaluation procedures. Districts must use a variety of tools, not a single test score. Assessments must be nondiscriminatory, valid for their purpose, administered by trained personnel, and given in the student’s native language or mode of communication when feasible. The district may not use any single measure as the sole criterion for eligibility.
All areas related to the suspected disability
The student must be assessed in all areas related to the suspected disability. That can include health, vision, hearing, social and emotional status, general intelligence, academic performance, communication, and motor abilities. The evaluation must be comprehensive enough to identify all ESE needs, whether or not they are commonly linked to the suspected category.
Written notice before consent
Before obtaining informed consent for an initial evaluation, Rule 6A-6.0331(4)(a) requires the district to provide written notice that describes any evaluation procedures it proposes to conduct. That written notice typically accompanies the consent form.
Step 5: Eligibility determination
Who decides
A group of qualified professionals decides whether the student is an exceptional student and what educational needs exist. Parents of students being considered for disability eligibility must be invited as equal members. You must receive a copy of the evaluation report and eligibility documentation at no cost.
When a student is not eligible
A student may not be found eligible as a student with a disability if the determinant factor is lack of appropriate reading instruction, lack of appropriate math instruction, or limited English proficiency, and the student does not otherwise meet Florida eligibility criteria.
After eligibility
If eligible and in need of special education and related services, the team develops an IEP under Rule 6A-6.03028 (or an IFSP for some young children).
Florida category rules parents search for
Rule 6A-6.0331 is the process rule. Category rules set the definition and evaluation extras for each disability. Read the guide that matches your child’s suspected area:
- Autism Spectrum Disorder (6A-6.03023)
- Specific Learning Disability (6A-6.03018)
- Other Health Impairment (6A-6.030152)
- Speech Impairment (6A-6.03012)
- Language Impairment (6A-6.030121)
- Intellectual Disability (6A-6.03011)
- Emotional/Behavioral Disability (6A-6.03016)
- Deaf or Hard of Hearing (6A-6.03013)
- Visual Impairment (6A-6.03014)
- Orthopedic Impairment (6A-6.030151)
- Traumatic Brain Injury (6A-6.030153)
- Dual Sensory Impairment (6A-6.03022)
- Developmental Delay (6A-6.03027)
- Homebound or Hospitalized (6A-6.03020)
Reevaluation in Florida
Reevaluation must occur at least every three years unless parent and district agree it is unnecessary, and not more than once a year unless both agree otherwise. Parents can request reevaluation when needs change. Informed consent is required before new testing, with limited exceptions when the parent fails to respond after reasonable efforts.
Consent for initial ESE services
Before the first delivery of ESE, the district must obtain informed parent consent. If you refuse consent for initial services, the district may not use mediation or due process to override that refusal. Consent for evaluation and consent for services remain separate decisions.
When to bring an IEP advocate
Special education advocates work with parents through Florida’s evaluation process. The parent keeps consent and final decisions; the advocate prepares you, reviews paperwork, and can attend meetings as support.
What an advocate can do
- Help you write an evaluation request that names suspected areas and asks for a full individual evaluation
- Review prior written notice and consent forms so proposed testing matches the concerns you raised
- Calendar the 30-day response window and the 60-day evaluation clock after consent
- Review the evaluation report with you and prepare questions for the eligibility meeting
- Attend the eligibility meeting virtually or in person as support
Florida IEP advocates for evaluation support
Browse Florida-based advocates and remote advocates who join meetings virtually. Compare profiles, specialties, and how they work with families during evaluation and eligibility.
Angela Picardi
With 24 years of experience in the K-12 sector, I serves as a Student Support Specialist specializing in academic and behavioral ESE services. My career is defined by a deep commitment to the "whole student," ensuring that those with exceptional needs receive the personalized advocacy and support required to navigate the K-12 journey with confidence.
I believe that education is a collaborative effort. I have dedicated my career to community support development, working to build stronger ties between local organizations and the families they serve. Whether implementing behavioral intervention plans or coordinating academic accommodations, I remain driven by the goal of creating inclusive communities where every student feels seen, supported, and empowered to succeed
Julian Moreira
Hi! I look forward to helping families and their students get the crucial support they need. I have varied experience working with families and educators at the state and local levels. I primarily specialize in dispute resolution, including formal dispute options afforded to parents under IDEA, Part B.
Shannon Lacy
Hello! My journey began as a middle and high school teacher in 2006. After 2 years in the general education classroom, I began my journey with special education and became an elementary inclusion teacher. For the next 8 years, I worked as the special education teacher, the dyslexia teacher, the 504 coordinator, and the RTI specialist. Along the way, I pursued a Master's in Special Education and became an Educational Diagnostician. I have been in that role for 6 years now. I have been passionate about special education and doing the very best for all students.
Dalia Rodriguez
I am a Child Study Team School Social Worker, with a Master of Social Work from Fordham University. I have core competencies in special education law, mental health, and behavioral health.
In my current role, I represent the Child Study Team as a School Social Worker, conducting social history evaluations, facilitating meetings, creating and implementing individual education plans, providing individual and group counseling, and conducting risk assessments for suicidal and homicidal students. I am passionate about supporting students with special needs and helping them achieve their academic and social/emotional goals. I bring diverse perspectives and experiences to the team, as I have worked with students from various cultural and socioeconomic backgrounds. I value collaboration, communication, and continuous learning, and I seek to contribute to the organization's mission and vision.
Chelsea Horlacher
Hey there! I’ve been a special education teacher for nearly a decade, so helping unique learners thrive is truly my life’s work. But my biggest role is at home, where I endlessly advocate for my amazing son (7) who has autism. I've been happily married to my husband for 13 years, and our crazy, loving home is rounded out by our two dogs. I know firsthand how tough—and rewarding—this parenting journey can be, and I'm here to help you navigate it.
Jade Adkins
Jade is a former special education teacher who has taught everything from pre-k all the way to transition classrooms with students up to age 21. She specializes in students with autism, ADHD, learning disabilities, behaviors, and more. She is a licensed administrator and educator in 3 states but left the classroom to help families effectively navigate the special education process. After over a decade in education (teaching and advocating), she has found proven methods for success while keeping the parent-school relationship in tack.
Jade has helped families navigate successful mediations in multiple states, avoiding due process, and helped families file effective state complaints when needed.
Compare Florida and remote advocates
Florida evaluation FAQ
How long does an IEP evaluation take in Florida?
After parental consent, Florida generally requires completion within 60 calendar days, excluding listed holidays, breaks, summer vacation, certain absences, and qualifying emergency closures.
Can the school require MTSS before evaluating?
Districts must implement general education interventions for most K–12 referrals, but they cannot use MTSS to delay evaluation when a disability is suspected. Some severe presentations allow skipping parts of the intervention process.
What if Florida refuses my evaluation request?
The district must give prior written notice explaining the refusal. You can dispute that decision using the procedural safeguards in Rule 6A-6.03311, including mediation, state complaint, or due process options.
This article summarizes Florida Administrative Code Rule 6A-6.0331 for parent education. It is not legal advice. Always review the current rule text and your district’s ESE Policies and Procedures.