Parent Handbook Sections » Special Education Timelines in California

Special Education Timelines in California

Service/Obligation Timeline Exceptions/Notes/Considerations Authority
Initial Assessment and IEP Development      
Propose an assessment plan for initial assessment 15 calendar days from date of referral.
  • Tolled for school breaks in excess of 5 school days.
  • If referral received 10 days or fewer before end of school year, then due within first 10 days of next school year.
 EC 56043(a)
EC 56321(a)
IEP team meeting to review initial assessments. 60 calendar days to determine the student's eligibility and areas of need after receipt of parent consent to assessment plan.
  • Tolled for school breaks in excess of 5 school days.
  • If parent consent to assessment plan received 30 or fewer days before end of school year, then due within 30 days of next school year.
  • Timeline does not apply if student enrolls in another LEA.
  • Timeline does not apply if student is not made available. 
 EC 56043(c)
EC 56302.1
EC 56344(a)
  30 days to develop the IEP after determination that student needs special education. None. EC 56043(f)(2)
EC 56344(a)
Applicable to All IEPs      
Notify parents of the IEP team meeting (send IEP meeting notice). "Early enough to ensure an opportunity to attend" the IEP meeting. None. EC 56043(e)
EC 56341.5(b)
Notice of procedural safeguards (parents rights).
  • Inform parents of procedural safeguards "at each" IEP meeting.
  • Give a copy of the notice to parent(s) at least once each school year.
 None. EC 56500.1
34 CFR 300.504
Implement the IEP. "As soon as possible" after receipt of parent consent to the IEP. None. EC 56043(i)
EC 56344(b)
Progress reports on IEP goals provided to parent(s). Per the IEP. None. EC 56345(a)(3)
Re-assessments      
Triennial eligibility review. Every 3 years based on the date of the last triennial review.
  • May occur more frequently if necessary, but no more than once per year unless the parties agree.
  • Parent and LEA may agree in writing that triennial assessments are not necessary.  They may also agree to limit the scope of the review.
  • Recommended: Begin the triennial assessment process at least 60 days prior to the triennial review.
 EC 56043(k)
EC 56381
Propose assessment plan for re-assessment. 15 calendar days from the date of referral.
  • Tolled for school breaks in excess of 5 school days.
  • If referral received 10 days or fewer before end of school year, then due within first 10 days of next school year.
 EC 56043(a)
EC 56321(a)
Parent consent to proposed assessment plan. At least 15 calendar days after receipt of the proposed assessment plan. None. EC 56043(b)
EC 56321(c)(4)
Additional IEP Meetings      
Annual IEP team review. Not longer than 12 months from the date of the last annual IEP. None EC 56043(d), (j)
EC 56343(d)
EC 56380
IEP team meeting to review re-assessment (including triennial assessments). 60 calendar days after receipt of parent consent to the assessment plan.
  • Tolled for school breaks in excess of 5 school days.
  • If parent consent to assessment plan received 30 days or fewer before end of school year, then due within first 30 days of next school year.
 EC 56043(f)(1)
EC 56343(a)
EC 56344(a)
Parent requested IEP team meeting. 30 calendar days after written request from parent for IEP team meeting.
  • Tolled for school breaks in excess of 5 school days.
  • If parent makes an oral request for IEP team meeting, school district must direct parent to make a written request.
 EC 56043(l)
EC 56343.5
IEP meeting to review student's lack of anticipated progress. No statutory timeline. Consider:  Convene the IEP team within 30 days after determining that the student is demonstrating a lack of anticipated progress. EC 56343(b)
Transition Planning Requirements      
Individual transition plan (ITP) in IEP. Must be in IEP when student turns 16 years old. Must be reviewed annually. EC 56043(g)(1), (h)
EC 56341.5(e)
EC 56345(a)(8)
Student informed of transfer of rights at age 18. Must be in IEP when student turns 17 years old. Consider: Provide additional notice upon the student turning 18 years old. EC 56041.5
EC 56043(g)(3)
EC 56345(g)
Notice to parent(s) of student's graduation from high school with diploma. "Reasonable prior written notice" must be provided. None. EC 56500.5
Independent Educational Evaluations (IEE)      
Respond to a request for IEE. No specific statutory timeline, but must respond without unnecessary delay. Recommended:  10-15 calendar days after request for an IEE from parent(s). 34 CFR 300.502(b)
Discipline      
Provide parent(s) with notice of change of placement and copy of procedural safeguards. Day decision is made to remove student for disciplinary purposes for more than 10 school days. Refer to 34 C.F.R. section 300.530. 34 CFR 300.530(h)
Conduct a manifestation determination review. Within 10 school days after the decision is made to remove student for disciplinary purposes for more than 10 school days. Refer to 34 C.F.R. section 300.530. 34 CFR 300.530(e)
Student Records/Record Requests      
Provide parent(s) with copies of student records.
After an oral or written request from parent(s):
  • within 5 business days and
  • "before" any IEP meeting or resolution session.
 None. EC 56043(n)
EC 56504
Provide new LEA with special education records. 5 business days after request from new LEA for records. None. EC 56043(o)
This information is a summary only and not legal advice.
We recommend that you consult with legal counsel to determine how this may apply to your specific facts and circumstances.