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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
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
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))

3
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))

4
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))

5

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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)) 3
  • 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)) 4
  • 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)) 5