Initial Assessment and IEP Development

Assessment Plan

The district must send parents an assessment plan within 15 calendar days from referral. EC 56043(a). Parents can agree to an extension in writing. The 15-day timeline does not include calendar days between the student’s regular school session or terms or calendar days of school vacation in excess of five days.

Parents can decide whether to sign the assessment plan. They have at least 15 calendar days from the receipt of the proposed plan to decide. EC 56043(b).

Assessment Review

The IEP team will then meet to review the initial assessments and determine the student’s eligibility. Once the team has received parental consent, it has 60 calendar days to review. EC 56043(c). If the student enrolls in another Local Education Agency or is not made available, this timeline does not apply. If a student is eligible, the team has 60 calendar days after receiving consent for the assessment. EC 56043(f)(1). It must also be within 30 days of determining eligibility. EC 56043(f)(2). Parents can agree to an extension in writing. When referral is made within 30 days or less prior to the end of the regular school year, the IEP should be developed within 30 days after the start of the next school year. EC 56344(a).

Applicable to All IEPs

Parents must be notified of an IEP team meeting early enough to ensure an opportunity for them to attend. EC 56302.1(e); EC 56341.5(b).

The IEP team must provide notice of procedural safeguards at each IEP meeting. They only need to give a copy of the notice to parents once per school year. EC 56500.1.

The IEP should be implemented as soon as possible after the meeting. EC 56043(i).

Assessments

Triennial Eligibility

The triennial eligibility review must happen every three years, based on the date of the last triennial review. The parent and district can agree in writing that reassessment is unnecessary. It can occur more frequently if necessary.

Requesting IEE

The school district must respond to a request for IEE without unnecessary delay. 34 CFR 300.502(b). The law gives a reasonable but short period or time to allow the parent / guardian and the school district to talk and negotiate about the IEE request.

Additional IEP Meetings

Annual IEP Team Review

IEPs must be reviewed every year. EC 56043(d); EC 56343(d). It can be more frequent. EC 56043(j). If a student is in residential placement, the IEP must be reviewed every six months. EC 56043(x).

Parent-Requested IEP Meeting

Parents can request an IEP team meeting. The meeting must be held within 30 days of receiving the written request. EC 56043(l). If parent makes an oral request, school district must direct parent to make written request. EC 56343.5.

Transition Planning

Individual Transition Plan

An Individual Transition Plan should be in an IEP by the time the student turns 16. The ITP must be reviewed annually. EC 56043(g)(1).

Rights Transfer

Rights are transferred from parents to students when the student turns 18. Students must be informed before they turn 17. EC 56043(g)(3).

Records Requests

Parents must be given copies of student records within five working days of their request and before any IEP meeting or resolution session. The request can be oral or written. EC 56043(n).

A new LEA must be given student records within five working days of the request. EC 56043(o).