Special Education Timelines for Parents

Post

SCUSD must meet several timeline requirements for developing and maintaining IEPs, these include:

Development and Implementation

  • An IEP is developed and implemented for each eligible student at least once each year, in accordance with federal and state statutes (20 USC 1412(a)(4), 20 USC 1414(d), 34 CFR  300.320 ( 1-7), 30 EC 56344.)
  • An IEP is developed and implemented for each student that is eligible, within 60 days of obtaining written parental consent on the assessment plan  
    • The IEP must be completed within 60 days of parent consent for assessment, not counting days between the student’s regular school sessions, terms, or days of school vacation in excess of five school days, unless a written request for extension is on file (20 USC 1414(a)(1)(C)(i)(I), 34 CFR 300.301(c)(1), 30 EC 56344.)  
  • The IEP is implemented for each student (including students placed by SCUSD in a private school or facility), as soon as possible after the IEP meeting (34 CFR  300.323(a) & (c)(2), 30 EC 56043(i), 5 CCR 3040(a).)  

Request for Special Education Assessment

  • Date of request begins timelines:
    • School has 15 calendar days to provide to parent either an assessment plan or written notice that the request for assessment is inappropriate at this time.
  • Parent has 15 days to return signed Assessment Plan
  • Within 60 calendar days from date signed Assessment Plan is received by school, all assessments and reports must be completed and the IEP meeting held.
    • Timelines stop and re-start again when off-track time and school vacation exceed 5 school days. 
    • Assessment Reports  
      • If requested by the parent, the school provides assessment reports to the parent within 4 working days before the date of the IEP meeting
  • Parent should receive written notice of IEP meeting at least 10 calendar days prior to scheduled IEP meeting  
  • All IEP team members should receive notice of IEP meeting at least 10 calendar days prior to scheduled IEP meeting
  • IEP is conducted within one calendar year from the previous IEP meeting (known as an Annual IEP Meeting  

Parent Request  

  • An IEP meeting is held within 30 days of receipt of a written request from a parent– not counting days between the student’s regular school sessions, terms, or days of school vacation in excess of 5 school days, or days in July and August (34 CFR  300.323 (c)(1), 30 EC 56343.5.)  
  • When parent of a special education student provides written request for assessment, an assessment plan or written notice that assessment is inappropriate at this time must be provided within 15 calendar days from date of request.

Out of District  

  • IEP is conducted within 30 days from the date of enrollment of a student with an IEP from another school district (known as an Interim IEP Meeting).