Special Education: Mandated Timelines

(Days are calendar days unless specified as school days)

Request for an Evaluation: Written response from school district within 5 school days of request

Evaluation (Initial and Re-evaluation): Evaluations must be done within 30 school days from date of receipt of parent consent

Team Meeting and Provision of Proposed IEP (Initial and Re-evaluation): 45 school days from the date of parent consent for evaluation; two copies of proposed IEP are provided to the parents within 10 calendar days after a Team meeting 

Assessment Reports: Made available to parents 2 days prior to the Team meeting upon request. Every attempt should be made to mail home the Evaluation Packet before the meeting.

Invitation to Team Meeting (all meetings):  Written notice must be provided 10 days prior to the scheduled Team meeting unless parent requests to meet sooner and waives invitation notice

Placement Meeting (when separate meeting is needed): The Team must convene within 10 school days following the meeting at which the Team developed the IEP

Parent Response to Proposed IEP and Placement: 30 days from receipt of proposed IEP and Placement – otherwise IEP is considered rejected

  • The parent has thirty days to respond to the IEP.  If there is no response after twenty days, the Director of Special Education will call the parent or student if 18 years of age or older and mail another copy of the signature pages along with a Letter of 20 Days Notice. (Sample letter is found in back of manual – Sped 5). Until parental consent is received, the old IEP remains in effect.  When the parent/guardian returns the IEP, the Chairperson will notify the Director of the return.
  • If the parent/guardian accepts the IEP, the Chairperson will then make copies of the IEP accommodations and goals and forward them to the persons responsible for service delivery under the IEP.  The entire IEP should be implemented immediately.
  • No student will be placed in a special education program without an IEP signed and accepted by their parent/guardian.  
  • An N1 must be sent to parents/DA whenever an IEP is written, (initial, annual, and reevaluation), or an amendment is created. See Guidelines for Writing N1’s at the end of the manual. 

School District Response to Rejected IEP and/or Placement: Within 5 days of receipt, the school district must send written notice to the BSEA of rejection

First Annual Review Meeting: Held within 12 months of when Initial IEP was developed

Annual Review Meeting: Held within 12 months of when current IEP was developed

Three-Year Re-Evaluation Determination: Every 3 years, or sooner, if necessary

Independent Education Evaluation: Within 10 school days from school district receipt of IEE report, the Team must reconvene to consider the report and determine if a new or amended IEP is appropriate

Extended Evaluation: With parents’ consent, an extended evaluation may extend longer than one week but no longer than 8 school weeks (a partial IEP will be generated in the meantime).