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Special Education Assessment Timelines

Outlined below is a brief summary of school district requirements regarding assessment plans, parental consent, and the subsequent legal timeline regarding those assessments.

A. An Assessment Plan must be developed:

1. Before any action is taken with respect to the initial placement of an individual in special education instruction.

2. For all formal three-year re-evaluations or anytime an individualized assessment is being conducted.

3. When the school site receives a written request for assessment from the parent or guardian, or school staff member has a question regarding eligibility or services.

B. Notice/Consent

1. The parent/guardian shall have at least 15 days from the receipt of the proposed assessment plan to arrive at a decision.

2. No initial assessment shall be conducted unless written consent of the parent or guardian is obtained prior to the assessment.

3. Assessment may begin immediately upon receipt of the consent (EC Section 56321(c)(4)).

C. Timeline

1. All Assessments must be completed and an IEP developed within 60 calendar days after receipt of the signed Assessment Plan (EC 56043(c)).

i. Vacations or off track days of longer than 5 consecutive school days are not counted as part of the 60 calendar day timeline.

Contact Our Office

These are just a few brief rules to keep in mind prior to your child's IEP meeting; navigating the road of special education law can be difficult and confusing, if you have any questions about your child's special education placement or services, Contact us by email or call us at 714-602-1498 or 866-781-7723 (toll free) for more information.

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Augustin Egelsee L.L.P.
8141 East Kaiser Boulevard
Suite 315
Anaheim Hills, CA 92808

Toll Free: 866-781-7723
Phone: 714-602-1498
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