General Timelines

SPECIAL EDUCATION TIMELINES

Initial Assessment and Individualized Education Program (IEP) Development
ServiceTimelineConsiderations & Supporting GuidanceRegulation
Proposal of Assessment Plan (AP) for Initial Assessment 15 calendar days from the date of referralExceptions may include: *School breaks in excess of 5 school days *If a referral is received 10 days or fewer before the end of the school year, then the AP must be sent to the parent/guardian within the first 10 days of the following school year See the “Assessment Plan” section of this Procedural Guide for more information on the content of the assessment plan and accompanying documents.EDC §56043(a) EDC §56321(a)
IEP team meeting to review initial assessments60 calendar days from the receipt of parent/guardian consent on the Assessment Plan, to determine eligibility and areas of needExceptions may include: *Student enrolls in another LEA *Student is not made available *School breaks in excess of 5 school days *If the referral is received 30 days or fewer before the end of the school year, the IEP meeting must be held within the first 30 calendar days of the next school year.EDC §56043(c) EDC §56302.1 EDC §56344(a)
IEP Team Meetings
ServiceTimelineConsiderations & Supporting GuidanceRegulation
Plan ReviewNot to exceed 12 months (365 days) from the date of the last IEPIDEA makes parents/guardians mandatory members of the IEP team. See the “Parent Participation” section of this Procedural Guide for more information on parent participation and conducting an IEP meeting without a parent in attendance.EDC §56043(d), (j) EDC §56343(d) EDC §56380
IEP team meeting to review reassessments including eligibility evaluations60 calendar days after the receipt of parent/guardian consent on the Assessment PlanExceptions may include: * School breaks in excess of 5 school days *If the referral is received 30 days or fewer before the end of the school year, the IEP is due within the first 30 calendar days of the next school yearEDC §56043 (f) (l) EDC §56343 (a) EDC §56344 (a)
Parent/guardian requests an IEP meeting for a student with an existing IEP30 calendar days after a written request is receivedExceptions may include: *School breaks in excess of 5 school days If a verbal request is made by the parent/guardian, the LEA must direct and/or assist the parent/guardian in making the request in writing.EDC §56043 (I) EDC §56343.5
IEP to review student’s lack of progress toward IEP goalsNo specific timelineConsideration: Convene the IEP team within 30 days of determining that a student is demonstrating a lack of progressSee the “Annual Review and Re-Evaluation” section of this Procedural Guide for more information regarding steps the IEP team may take when considering a lack of progress towards IEP goals.EDC §56343(b)
Notify parents of the IEP team meeting and send the IEP Notice of MeetingEarly enough to ensure an opportunity to attend the meetingConsideration: At least 10 school days before the meeting date See the “Individualized Education Program Meeting” section of this Procedural Guide for more information on parent notification of IEP team meetings.EDC §56043(e) EDC §56341.5(b)
Notice of Procedural SafeguardsGive a copy of procedural safeguards at each IEP meeting and at least once each yearSee the “Procedural Safeguards” section of this Procedural Guide for other instances where a copy of the procedural safeguards must be provided to parents/guardians. “Notice of Procedural Safeguards and Parent’s Rights” can be found in many languages in the SEIS Document Library. languages in the SEIS Document Library.EDC §56500.1 34 CFR §300.504
Implement the signed IEPAs soon as possible after receiving the signed IEP from the parent/guardianSee the “Parental Consent and Parental Revocation of Consent” section of this Procedural Guide for the definition of parental consent.EDC §56043(i) EDC §56344(b)
Progress reports on IEP goals provided to the parent(s) /guardian(s)Frequency is determined by the IEP team and should be provided at least in concurrence with the issuance of report cards at the LEA
EDC §56345(a)(3)
Eligibility Evaluations
ServiceTimelineConsiderations & Supporting GuidanceRegulation
Eligibility EvaluationEvery 3 years based on the date of the last eligibility evaluationMay occur more often if needed, but no more than once per year, unless the IEP team agrees Parent/guardian and LEA may agree in writing that eligibility evaluations are not necessary and may also agree to limit the scope of the review See the “Annual Review and Re-Evaluation” section of this Procedural Guide for more information regarding Eligibility Evaluations, circumstances warranting more frequent eligibility evaluations, and instances in which the team may consider a review of records.EDC §56043(k) EDC §56381
Proposal for re-assessment15 calendar days from the date of referralExceptions may include: *School breaks in excess of 5 school days *If a referral is received 10 days or fewer before the end of the school year, then the AP would be due within the first 10 days of the following school year See the “Assessment Plan” section of this Procedural Guide for more information on the content of the assessment plan and accompanying documents.EDC §56043(a) EDC §56321(a)
Individual Transition Plans (ITP)
ServiceTimelineConsiderations & Supporting GuidanceRegulation
Individual Transition Plan (ITP)Must be in the IEP when the student turns 16 ITPs must be updated at least annuallySee the “Transition Planning” section of this Procedural Guide for considerations of transition planning.EDC §56043 (g)(1), (h) EDC §56341.5(e) EDC §56345(a)(8)
Students are informed of the transfer of rights at the age of 18, known as the “age of majority”LEA must inform the parent(s)/guardian(s) and special education student before the student turns 17See the “Age of Majority” section of this Procedural Guide for more information on the age of majority timeline and IEP requirements.EDC §56041.5 EDC §56043(g)(3) EDC §56345(g)
Notice to parent(s) /guardian(s) of student’s graduation from high school with a diplomaNo specific statutory timeline, “reasonable” Prior Written Notice must be givenSee the “Graduation Options for Students with Disabilities” and “Age Out Timelines” sections of this Procedural Guide for information on the termination of special education services.EDC §56500.5
Independent Educational Evaluation (IEE)
ServiceTimelineConsiderations & Supporting GuidanceRegulation
Respond to a request for an IEENo specific statutory timeline, but should respond without unnecessary delayConsideration: Respond within 15 days of parent/guardian request for IEE. See the “Independent Educational Evaluations” section of this Procedural Guide and the “Independent Educational Evaluations” guidelines resource for IEE policy and procedure recommendations.34 CFR §300.502(b) (b)
Discipline
ServiceTimelineConsiderations & Supporting GuidanceRegulation
Provide parent(s) /guardian(s) with notice of change of placement if a student has been removed from current placement as well as a copy of procedural safeguardsThe day a decision is made to remove a student for disciplinary purposes for more than 10 school daysSee the “Suspension, Expulsion and Manifestation Determination” section of this Procedural Guide for information on discipline procedures.34 CFR §300.530(h)
Conduct a manifestation reviewWithin 10 school days of the decision to remove the student for disciplinary purposes that result in the removal of the student for more than 10 days within the same school yearSee the “Suspension, Expulsion and Manifestation Determination” and "Manifestation Determination Flowchart” sections of this Procedural Guide for information on the process of a Manifestation Determination.34 CFR §300.530(e)
Student Records/Records Request
ServiceTimelineConsiderations & Supporting GuidanceRegulation
Provide parent(s)/guardian(s) with copies of student recordsAfter an oral or written request from the parent(s) /guardian(s); the records should be provided within 5 business days and before any IEP meeting or resolution session, if applicableSee the “Student Records” section of this Procedural Guide for guidelines that apply to each type of student record and access to records.EDC §56043(n) EDC §56504
Provide a receiving LEA with special education records for students that have transferred5 business days after a request for records from the receiving LEA is receivedSee the “Student Records” section of this Procedural Guide for information on transferring records.EDC §56043(o)
Notification to the District of Residence when a student leaves a charter schoolA charter school must notify the superintendent of the school district of the pupil’s last known address within 30 days if a pupil is expelled or leaves the charter school without graduatingSee the “Student Record” section of this Procedural Guide for details on what records must also be provided upon request.EDC §47605(d)(3)