IEP Timelines

Here, we break down the timelines and steps involved in the IEP process in California.

Special education law in California states that a school has 15 school days to set up an IEP meeting after a parent has made an initial referral or request. Even if the school chooses to not have a meeting first to discuss the referral and any assessments, the school still needs to obtain the parents’ consent to an assessment plan during those 15 days.

• As soon as the parent has consented to the assessment plan, the school must complete a full assessment of the student and hold an IEP eligibility meeting within 60 school days.
• After determining that the student is eligible for special education, the school and IEP team have 30 days to develop the IEP.

Note: If a referral is received 10 days or fewer before the end of the school year, then the assessment plan must be sent to the parent within the first 10 days of the following school year.

IEP meetings are required to be held annually, no longer than 12 months from the date of the last annual IEP.

• The parent and all members of the IEP team have to be notified of the school’s proposed meeting date early enough to be able to realistically attend the meeting.
• Schools must also inform parents of procedural safeguards at each IEP meeting, and are required to provide parents with a copy of the notice at least once each school year.
• The school must implement the IEP as soon as possible after receiving the parent consent to the IEP.
• A parent can request an IEP meeting at any time they feel it’s necessary. Once the school receives a written request for a meeting outside of the annual or triennial IEP, the meeting must be held within 30 calendar days of the request (not including days between the school’s regular sessions, terms, or vacation in excess of five school days).

Every three years, students who receive services through the special education program are required to be reassessed to determine whether or not they remain eligible for services. The IEP team will collaborate to determine the specific assessments that will be administered during this triennial review. These reviews can be scheduled more frequently depending on student need, but cannot occur more than once per year without parent and district agreement.

• In California, it’s recommended that the district begin the triennial assessment process 60-90 days before the triennial review.
• The district has 15 calendar days from the date of referral to propose a plan for re-assessment.
• Parent(s) have at least 15 calendar days to consent to the proposed assessment plan after they receive it.
• The parent(s) and district can decide (in a written agreement) that triennial assessments are not needed, or to limit the scope of the review.
• The district has 60 calendar days after the parent agrees to the assessment plan to hold an IEP meeting to review the results.

Your child has the right to receive assessments for any behaviors or skills where they have suspected disability. If you’re referring your child for special education services, you have at least 15 days from the receipt of the proposed assessment plan to agree with it. The assessment may begin upon receipt of your written consent, and it must be completed and an IEP developed within 60 days.

If you disagree with the school’s assessment, you may request an Independent Educational Evaluation. While there is no specific statutory timeline for a district to respond to a request, it is expected that the district responds “without unnecessary delay.” In California, it is recommended that districts respond within 10–15 calendar days after receiving a request.

According to federal law, the school is required to provide education records for review by the parent within 45 days of a request. If the student who receives special education services requests education records, the school must comply without unnecessary delay and before certain events required by IDEA, such as an IEP or due process or resolution session. Learn more about requesting education records here.

• Note that in California, if a parent requests copies of student records after an oral or written request, the school must provide the records within 5 business days and prior to any IEP meeting or resolution meeting. Learn more about the differences between California and federal statutes here.

If your child is transferring into a new district, schools are required to hold an interim IEP meeting within 30 days of the student transferring in. Until then, the new district will follow the prior district’s IEP.

• The purpose of the interim IEP is to review how the services in the prior IEP are working at the new school, and whether the current service providers feel there should be any changes made to the IEP to best serve the student.
• When your child enrolls in a new school district, the former school district must send your child’s records to the new school within 5 business days upon receipt of the request.

If you are attempting to resolve a dispute with the school via due process, here are some important timelines to note:

• CDE investigation of complaint and issue written decision: within 60 days
• Schedule pre-hearing mediation: within 15 days that the superintendent receives the request
• Pre-hearing mediation: within 30 days
• Bringing of due process claim: within two years
• Notice of attorney representation in due process hearing: at least 10 calendar days prior to hearing
• Notice of issues and proposed resolution in due process hearing: at least 10 calendar days prior to hearing
• Copies of documents to be presented at hearing and list of witnesses and general areas of testimony: at least 5 days prior to hearing
• File an appeal to a due process hearing decision: within 90 days

The ITP is a section of the IEP that outlines transition goals and services to prepare students for life after high school. IDEA requires that all students have an ITP in their IEP when they are 16 years old. The plan is reviewed each year during the annual IEP meeting.

The student must attend IEP meetings when they turn 17, and they must be informed of transfer of rights upon turning 18.

The school district will end special education services for a student who:

• turns age 22
• graduates with a regular high school diploma before age 22