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Charter SELPA

Special Education Local Plan Area

General Timelines

 
Special Education Timelines
 
Initial Assessment and Individualized Education Program (IEP) Development
Service Timeline Considerations & Supporting Guidance Regulation
Proposal of Assessment Plan (AP) for Initial Assessment
 
 15 calendar days from the date of referral
Exceptions may include:
*School breaks in excess of 5 school days
*If a referral is received 10 days or fewer before the end of the school year, then the AP must be sent to the parent/guardian within the first 10 days of the following school year
See the “Assessment Plan” section of this Procedural Guide for more information on the content of the assessment plan and accompanying documents.
EDC §56043(a)
EDC §56321(a)
IEP team meeting to review initial assessments 60 calendar days from the receipt of parent/guardian consent on the Assessment Plan, to determine eligibility and areas of need
Exceptions may include:
*Student enrolls in another LEA
*Student is not made available
*School breaks in excess of 5 school days
*If the referral is received 30 days or fewer before the end of the school year, the IEP meeting must be held within the first 30 calendar days of the next school year.
EDC §56043(c)
EDC §56302.1
EDC §56344(a)
 
 
IEP Team Meetings
Service Timeline Considerations & Supporting Guidance Regulation
Plan Review Not to exceed 12 months (365 days) from the date of the last IEP
IDEA makes parents/guardians mandatory members of the IEP team.
See the “Parent Participation” section of this Procedural Guide for more information on parent participation and conducting an IEP meeting without a parent in attendance.
EDC §56043(d), (j)
EDC §56343(d)
EDC §56380
IEP team meeting to review reassessments including eligibility evaluations 60 calendar days after the receipt of parent/guardian consent on the Assessment Plan
Exceptions may include:
* School breaks in excess of 5 school days
*If the referral is received 30 days or fewer before the end of the school year, the IEP is due within the first 30 calendar days of the next school year
EDC §56043 (f) (l)
EDC §56343 (a)
EDC §56344 (a)
Parent/guardian requests an IEP meeting for a student with an existing IEP 30 calendar days after a written request is received
Exceptions may include:
*School breaks in excess of 5 school days
If a verbal request is made by the parent/guardian, the LEA must direct and/or assist the parent/guardian in making the request in writing.
EDC §56043 (I)
EDC §56343.5
IEP to review student’s lack of progress toward IEP goals No specific timeline
Consideration: Convene the IEP team within 30 days of determining that a student is demonstrating a lack of progress.
See the “Annual Review and Re-Evaluation” section of this Procedural Guide for more information regarding steps the IEP team may take when considering a lack of progress towards IEP goals.
 EDC §56343(b)
Notify parents of the IEP team meeting and send the IEP Notice of Meeting Early enough to ensure an opportunity to attend the meeting
Consideration: At least 10 school days before the meeting date.
See the “Individualized Education Program Meeting” section of this Procedural Guide for more information on parent notification of IEP team meetings.
EDC §56043(e)
EDC §56341.5(b)
Notice of Procedural Safeguards Give a copy of procedural safeguards at each IEP meeting and at least once each year
See the “Procedural Safeguards” section of this Procedural Guide for other instances where a copy of the procedural safeguards must be provided to parents/guardians. “Notice of Procedural Safeguards and Parent’s Rights” can be found in many languages in the SEIS Document Library or in the Parent's Rights section of the Parent Resources page. 
EDC §56500.1
34 CFR §300.504
Implement the signed IEP As soon as possible after receiving the signed IEP from the parent/guardian See the “Parental Consent and Parental Revocation of Consent” section of this Procedural Guide for the definition of parental consent.
EDC §56043(i)
EDC §56344(b)
Progress reports on IEP goals provided to the parent(s) /guardian(s) Frequency is determined by the IEP team and should be provided at least in concurrence with the issuance of report cards at the LEA   EDC §56345(a)(3)
 
Eligibility Evaluations
Service Timeline Considerations & Supporting Guidance Regulation
Eligibility Evaluation Every 3 years based on the date of the last eligibility evaluation
May occur more often if needed, but no more than once per year, unless the IEP team agrees
Parent/guardian and LEA may agree in writing that eligibility evaluations are not necessary and may also agree to limit the scope of the review.
See the “Annual Review and Re-Evaluation” section of this Procedural Guide for more information regarding Eligibility Evaluations, circumstances warranting more frequent eligibility evaluations, and instances in which the team may consider a review of records.
EDC §56043(k)
EDC §56381
Proposal for re-assessment 15 calendar days from the date of referral
Exceptions may include:
*School breaks in excess of 5 school days
*If a referral is received 10 days or fewer before the end of the school year, then the AP would be due within the first 10 days of the following school year.
See the “Assessment Plan” section of this Procedural Guide for more information on the content of the assessment plan and accompanying documents.
EDC §56043(a)
EDC §56321(a)
 
Individual Transition Plans (ITP)
Service Timeline Considerations & Supporting Guidance Regulation
Individual Transition Plan (ITP)
Must be in the IEP when the student turns 16
ITPs must be updated at least annually
 See the “Transition Planning” section of this Procedural Guide for considerations of transition planning.
EDC §56043 (g)(1), (h)
EDC §56341.5(e)
EDC §56345(a)(8)
Students are informed of the transfer of rights at the age of 18, known as the “age of majority” LEA must inform the parent(s)/guardian(s) and special education student before the student turns 17 See the “Age of Majority” section of this Procedural Guide for more information on the age of majority timeline and IEP requirements.
EDC §56041.5
EDC §56043(g)(3)
EDC §56345(g)
Notice to parent(s) /guardian(s) of student’s graduation from high school with a diploma No specific statutory timeline, “reasonable” Prior Written Notice must be given See the “Graduation Options for Students with Disabilities” and “Age Out Timelines” sections of this Procedural Guide for information on the termination of special education services. EDC §56500.5
 
Independent Educational Evaluation (IEE)
Service Timeline Considerations & Supporting Guidance Regulation
Respond to a request for an IEE No specific statutory timeline, but should respond without unnecessary delay
Consideration: Respond within 15 days of parent/guardian request for IEE.
See the “Independent Educational Evaluations” section of this Procedural Guide and the “Independent Educational Evaluations Guidelines” resource for IEE policy and procedure recommendations. 
34 CFR §300.502(b)
(b)
 
Discipline
Service Timeline Considerations & Supporting Guidance Regulation
Provide parent(s) /guardian(s) with notice of change of placement if a student has been removed from current placement as well as a copy of procedural safeguards The day a decision is made to remove a student for disciplinary purposes for more than 10 school days See the “Suspension, Expulsion and Manifestation Determination” section of this Procedural Guide for information on discipline procedures. 34 CFR §300.530(h)
Conduct a manifestation review Within 10 school days of the decision to remove the student for disciplinary purposes that result in the removal of the student for more than 10 days within the same school year See the “Suspension, Expulsion and Manifestation Determination” and "Manifestation Determination Flowchart” sections of this Procedural Guide for information on the process of a Manifestation Determination. 34 CFR §300.530(e)
 
Student Records/Records Request
Service Timeline Considerations & Supporting Guidance Regulation
Provide parent(s)/guardian(s) with copies of student records After an oral or written request from the parent(s) /guardian(s); the records should be provided within 5 business days and before any IEP meeting or resolution session, if applicable See the “Student Records” section of this Procedural Guide for guidelines that apply to each type of student record and access to records.
EDC §56043(n)
EDC §56504
Provide a receiving LEA with special education records for students that have transferred 5 business days after a request for records from the receiving LEA is received See the “Student Records” section of this Procedural Guide for information on transferring records. EDC §56043(o)
Notification to the District of Residence when a student leaves a charter school A charter school must notify the superintendent of the school district of the pupil’s last known address within 30 days if a pupil is expelled or leaves the charter school without graduating See the “Student Records” section of this Procedural Guide for details on what records must also be provided upon request. EDC §47605(d)(3)