This document summarizes major special education timelines including:
- Proposed assessment plans must be provided within 15 days of referral and parents have 15 days to consent or deny the plans.
- IEPs must be developed within 60 days of receiving parental consent for assessment.
- Parents can request an IEP meeting within 30 days and the meeting must be held within 30 days of the request.
- Reassessments must occur at least every 3 years but can be more frequent if needed. Transition plans and statements must be included in IEPs beginning at age 16.
- Compliance complaints must be investigated and a written order issued within 60 days. Mediation conferences must occur within 15
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1. SUMMARY OF MAJOR SPECIAL EDUCATION TIMELINES
Timeline
Action
Time Counted From
Exceptions to Timeline
15 Calendar Days
Proposed Assessment Plan
Date of Referral
Not counting calendar days between
regular school sessions/term or days
of school vacation in excess of five
school days, unless parent agrees in
writing to an extension (EC ¡ì56043(a))
When referral is made in the last ten
days of school, the proposed
assessment plan must be provided
within first ten days of the start of the
new year (EC ¡ì53621(a))
(EC ¡ì56043(a))
15 Calendar Days
Parent Consideration and Decision
Regarding Proposed Assessment Plan
Receipt of Proposed Assessment
Plan
IEP Notification
Before IEP Team Meeting
IEP Development
Receipt of Parent¡¯s Written Consent
for Assessment
(EC ¡ì56043(b))
¡°Early enough to
ensure an opportunity
to attend¡±
(EC ¡ì56043(e))
60 Calendar Days
Cont¡¯d on next page
Cont¡¯d on next page
Cont¡¯d on next page
1
Not counting calendar days between
regular school sessions/term or days
of school vacation in excess of five
school days, unless parent agrees in
writing to an extension (EC ¡ì56043(c))
When referral is made 30 days or less
prior to the end of the regular school
year, and IEP is required as a result of
an assessment, IEP must be
developed within 30 days after the
start of the subsequent regular school
year (EC ¡ì56344(a)) Cont¡¯d on next page
2. Timeline
Action
Time Counted From
Exceptions to Timeline
Cont¡¯d from previous page
Cont¡¯d from previous page
Cont¡¯d from previous page
Cont¡¯d from previous page
60 Calendar Days
IEP Development
Receipt of Parent¡¯s Written Consent
for Assessment
See (EC ¡ì56043(f)) [meeting to develop
initial IEP shall be conducted within 30
days of a determination that the child
needs special education / services
¡°As soon as possible¡±
IEP Implementation
IEP Team Meeting
IEP Team Meeting
Receipt of Written Request from
Parent for IEP Team Meeting (If
parent makes oral request, school
district must notify parent of the need
for a written request and the
procedures for filing written request)
Interim Placement Reviewed by IEP
Team and Final Recommendation Made
by Team
Date of Transfer from Non-SELPA
School within Same Academic Year
(If in SELPA, continuing comparable
services without delay, unless
agreement otherwise)
Review:
! Student¡¯s program;
! The IEP, including whether annual
goals are being achieved;
! Appropriateness of placement;
! And make any necessary revisions
Date of Last IEP Team Meeting
Parent Receive Copies of Student
Records
Oral or Written Request by Parent
Former LEA Sends Special Education
Records
Request from Current LEA
(EC ¡ì56344(b));
(EC ¡ì56043(i))
30 Calendar Days
(EC ¡ì56043(e))
30 Calendar Days
(EC ¡ì56043(m))
(EC ¡ì56043(I))
At least annually
(EC ¡ì56043(d))
(EC ¡ì56043(j))
5 Business Days
(EC ¡ì56043(n))
5 Working Days
(5CCR3024)
(EC ¡ì56043(0))
2
Not counting days between regular
school sessions, school vacations in
excess of five school days
3. Timeline
Action
Time Counted From
Exceptions to Timeline
3 Years
Reassessment At Least Every 3 Years
(not more frequently than once a year
unless agreed upon in writing)
Request from Current LEA
More frequently if conditions warrant it
When pupil
demonstrates lack of
anticipated progress
IEP Team Meeting
Lack of progress
IEPs for Grades 7-12
Include alternate means/modes
necessary for pupil to complete District¡¯s
prescribed course of study and meet
proficiency standards for graduation
Grades 7 - 12
(EC ¡ì56043(k))
(EC ¡ì56043(g));
(EC ¡ì56043(z))
Beginning at age 16
(or younger) and
annually thereafter
(EC ¡ì56345)
Statement of Transition Service Needs
included in IEP (focus on course of
study)
Age 16
Beginning at age 16
and annually
thereafter
Statement of Needed Transportation
Service (coordinated set of activities,
including statement of interagency
responsibility and any needed linkages)
Age 16
(EC ¡ì56043(g))
(EC ¡ì56345.1)
60 Calendar Days
After Compliance Complaint is Filed
with CDE
Parties stipulate to a resolution
(EC ¡ì56043(p))
Investigate Complaint and Issue Written
Order (This is CDE¡¯s timeline; they will
let you know when to file a response)
15 Calendar Days
Prehearing Mediation Conference
Receipt by the Superintendent of
Request for Mediation
Mediations shall be held within 30
days of the receipt of request, unless
the parties agree otherwise
(EC ¡ì56043(h))
(EC ¡ì56043(q))
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4. DUE PROCESS HEARING TIMELINES
Timeline
Action
Time Counted From
Exceptions to Timeline
2 Years
Request Due Process Hearing
Date the initiating party knew or had
reason to know the facts underlying
the basis for the request
Shall not apply to a parent if the parent
was prevented from requesting due to
either of the following:
1. Specific misrepresentations by the
LEA that it had solved the problem
2. The withholding of information by
the LEA from the parent that was
required under this part to be
provided
Serve Notice of Representation
Prior to Due Process Hearing
Resolution Session
Receipt of Request For Due Process
Hearing (Complaint)
File Notice of Insufficiency
Receipt of Request For Due Process
Hearing
Disclose Issues and their proposed
resolution at Hearing
Prior to Due Process Hearing
Serve Notice of Witnesses and
Evidence (list documents and
witnesses to be present at Hearing)
Prior to Due Process Hearing
(EC ¡ì56043(r))
At Least 10 Calendar
Days
(EC ¡ì56043(t))
Within 15 days
(IDEA 2004 [615(f)(1)(B)])
Within 15 days
(20 USC ¡ì1415(b) & (c);
EC ¡ì56502)
At Least 10 Calendar
Days
(EC ¡ì56043(u))
5 Business Days
(EC ¡ì56043(v))
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5. Timeline
Action
Time Counted From
Exceptions to Timeline
45 Calendar Days
Hearing is Commenced and Completed
After Receipt of Written Due Process
Hearing Request from District; 75
from Student as Resolution Session
is required
After Receipt of Hearing Decision
Too numerous to mention
(EC ¡ì56043(s))
90 Calendar Days
Appeal of a Due Process Hearing
Decision
(EC ¡ì56043(w))
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