Timelines in Special Education

/ E. M. Curran & Associates LLC/
 
IEP Individualized Education Plan

There are so many deadlines and timelines when dealing with Special Education. Here are just a few to be aware of:

Request to Evaluate a student for Special Education services

  • Once the school district receives a written request to evaluate a student for special education eligibility, they have 5 school days to send the parent/guardian an Evaluation Consent form.

  • Once the parent/guardian returns an executed Evaluation Consent from to the school district, the school district has 45 school days to complete testing and schedule the IEP team meeting to discuss the results. 

Student is found NOT eligible for Special Education services

  • The school district must send written notice to the parent/guardian with 10 school days, if after the IEP team meeting the student is found not eligible for special education services.
  • Immediately upon receipt of the notice, parent/guardian should send written notice to the school district exercising "Stay Put" and file for a Due Process Hearing. 

Proposed IEP sent to Parent/Guardian

  • After the school district proposes an IEP to the parent/guardian, the parent/guardian must sign and return the IEP response page within 30 days of receipt.
  • It is good practice to save the envelope that the IEP was sent to you and to write the date you received the IEP itself on the envelope. That way if there is a dispute about when the 30 days expire, you can provide proof of how and when you were in receipt of the proposed IEP.

Remember that when you are counting your days: School districts always use school days and parents always use calendar days

Have questions or concerns about your child's education? Contact us to discuss further:

E.M. Curran & Associates LLC

10 Tower Office Park
Suite 406
Woburn, MA 01801
Phone: 781-933-1542
Fax: 781-933-1549
ellen@emcurranlegal.com