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 |