This guideline can be used as a guide when determining how many days you have to complete due process tasks.
Cannot proceed without written parental consent
Evaluation report (final draft) completed within 30 school days from date district receives consent
May proceed without written parental consent if 14 calendar days has lapsed from the date on the evaluation plan/prior written notice
Evaluation completed not more than 3 years from the date on the last comprehensive evaluation
Evaluation report (final draft) completed within 30 school days from date district receives consent OR within 30 school days from when the 14 calendar days has lapsed
Initial meeting must be held within 30 calendar days of the child being identified as having a disability
The 30 days begins with the date on the final copy of the initial evaluation report
Initial proposed IEP written and sent home to parents within a reasonable time (7-10 calendar days) from the date the initial IEP meeting was held
Include a prior written notice along with the initial IEP
Annual meeting date must be not more than one year from the date on the last IEP
IEP meetings can be held early but never late
Annual IEP written and sent home to parents within a reasonable time (7-10 calendar days) from the date the annual IEP meeting was held
Include a prior written notice along with the annual IEP
Sent home in enough time to reasonably allow parents to make plans to attend the meeting – at least 5 days prior to the meeting
For initial IEP the service start date can never be before written parental consent is received
For annual IEP the service start date must be at least 14 calendar days after the date on the prior written notice sent home with the IEP. For annual IEP service start date can be filled in as 15 days after the date on the accompanying prior written notice -- if signature is obtained prior to the 15 days, there is no need to change the services date on the IEP
Comprehensive evaluations must address secondary transition by the end of grade 9
Transition cannot be a stand-alone evaluation
Once transition is addressed in the ER, the concurrent IEP must also address transition
By the student’s 17th birthday, the parents and the student must be informed of the transfer of rights at age 18.
If parents indicate in writing either whole or partial objection to the IEP, a conciliation meeting must be offered.
If parents agree to conciliation, the meeting must be held within 10 calendar days of the date of the district's
receipt of the parent's agreement or request to participate in a conciliation conference.
A memorandum summarizing the conciliation meeting must be sent to parents within 5 business days of the meeting.