Special Education Timelines

The district must send parents an assessment plan within 15 calendar days from referral. California Education Code 56043(a). Parents can agree to an extension in writing. The 15-day timeline does not include calendar days between the student’s regular school session or terms or calendar days of school vacation in excess of five days.

Parents can decide whether to sign the assessment plan. They have at least 15 calendar days from the receipt of the proposed plan to decide. California Education Code 56043(b).

The IEP team will then meet to review the initial assessments and determine the student’s eligibility. Once the team has received parental consent, it has 60 calendar days to review. California Education Code 56043(c). If the student enrolls in another Local Education Agency or is not made available, this timeline does not apply. If a student is eligible, the team has 60 calendar days after receiving consent for the assessment. California Education Code 56043(f)(1). It must also be within 30 days of determining eligibility. California Education Code 56043(f)(2). Parents can agree to an extension in writing. When referral is made within 30 days or less prior to the end of the regular school year, the IEP should be developed within 30 days after the start of the next school year. California Education Code 56344(a).

Parents must be notified of an IEP team meeting early enough to ensure an opportunity for them to attend. California Education Code sections 56302.1(e); 56341.5(b).

The IEP team must provide notice of procedural safeguards at each IEP meeting. They only need to give a copy of the notice to parents once per school year. California Education Code 56500.1.

The IEP should be implemented as soon as possible after the meeting. California Education Code 56043(i).

The triennial eligibility review must happen every three years, based on the date of the last triennial review. The parent and district can agree in writing that reassessment is unnecessary. It can occur more frequently if necessary.

The school district must respond to a request for IEE without unnecessary delay. Title 34, Code of Federal Regulations (CFR) 300.502(b). The law gives a reasonable but short period or time to allow the parent / guardian and the school district to talk and negotiate about the IEE request.