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Steven A. Greenburg, Education Law
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Special Education Timeline

Summary of Major California Special Education Timelines*

Timeline1

Action

Time Counted From

Exceptions to Timeline

15 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.

When referral is made in the last ten days of school, the Proposed Assessment Plan must be provided within the first ten days of the start of the new year.

At Least 15 days

Parent consideration and decision regarding proposed assessment plan

Receipt of proposed assessment plan

"Early enough to ensure an opportunity to attend"

IEP Notification

Before IEP team meeting

60 days

IEP Development

Receipt of parent's written consent for assessment

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.

When referral is made 20 days or less prior to the end of the regular school year, IEP must be developed within 30 days after the start of the subsequent regular school year.

"As soon as possible"

IEP Implementation

IEP team meeting

30 days

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.)

Not counting days between regular school sessions or school vacations more than five (5) school days.

30 days

Interim Placement Reviewed by IEP Team and Final Recommendation Made by Team

Date of last IEP team meeting

Not less frequently than annually

Address (1) lack of progress toward annual goals and general education curriculum, (2) reassessment results, (3) parent's information about the pupil, (4) the pupil's anticipated needs and (5) other relevant matters.

Date of last IEP team meeting


1 - "Day" means a calendar day unless otherwise specified. Based on Education Code 56043

Timeline1

Action

Time Counted From

Exceptions to Timeline

5 business days

Parent Receive Copies of Student Records

Oral or written requests by parent

5 working days

Former LEA Sends Special Education Records

Request from current LEA

3 years

Reassessment

Date of last three-year assessment and IEP

If the local educational agency determines that the educational or related services needs, including improved academic achievement and functional performance, of the pupil warrant a reassessment, or if the pupil's parents or teacher requests a reassessment.

When pupil demonstrates lack of anticipated progress

IEP Team Meeting

Beginning at age 16 or earlier and annually thereafter

Statement of Needed Transition Services (coordinated set of activities, including statement of interagency responsibility and any needed linkages)

At least every 6 months

Review IEP for student in residential placement by expanded IEP team: (1) Case progress (2) Continued need for out-of-home placement (3) Extent of compliance with IEP (4) Progress toward alleviating need for out-of-home placement

Previous IEP

2 years

Filing for Due Process Hearing

Date the initiating party knew or had reason to know the facts underlying the basis for the request.

This time limitation does not apply if the school misrepresented or withheld information from the parent.

30 days

Initial IEP Meeting

A determination that the child needs special education and related services.


1 - "Day" means a calendar day unless otherwise specified.

*Based on Education Code 56043


TIMELINES (PRIMARY)

Activity Education Code

appeal of due process hearing decision EC 56043, EC 56505

complaint investigation, review information, Issue written decision EC 56043

development of individualized education programs, EC 56043, EC 56344

due process hearing request, completion, EC 56043, EE 56502 implementation of individualized education program, EC 56043, CCR 3040

individualized education program team meeting, EC 56043, EC 56343,

at least annually, review pupil's progress, EC 56380, CCR 3068

interim placement, EC 56043, EC 56325

notice of due process hearing issues, EC 56043, EC 56505

notice of intent to be represented by an attorney, EC 56043, EC 56507

notification of individualized education program meeting, EC 56043, EC 56341.5

parent request for individualized education program team meeting, EC 56043, EC 56343.5

proposed assessment plan, EC 56043, EC 56321

prehearing mediation conference, EC 56043, EC 56500.3

reassessment, EC 56043, EC 56381

residential placement review, EC 56043, GC 7572.5

right to examine school records, receive copies, EC 56043, EC 56504

right to receive documents in due process hearing, EC 56043, EC 56505

statement of transition needs, services, EC 56043, EC 56345.1

time limitation on requesting due process hearing, EC 56043, EC 56505

transfer of school records, EC 56043, CCR 3024