IEP Evaluation Process in California
How long does California have to complete an IEP evaluation?
California's evaluation (assessment) process is governed by EC 56320-56329 and 5 CCR 3022-3029, supplemented by federal requirements in 34 CFR 300.301-300.311. The process begins when a parent or school makes a referral for assessment. Under EC 56043(a), the school must propose an assessment plan within 15 calendar days of the referral. The assessment plan must describe the assessments to be conducted, the purpose, and who will conduct them, in language the parent can understand (EC 56321(a)). The parent then has at least 15 calendar days to provide written consent to the assessment plan (EC 56043(b)). Once consent is received, all assessments must be completed, an IEP developed, and an IEP meeting held within 60 calendar days, not counting school vacations in excess of 5 school days (EC 56043(c)). Assessments must be conducted by qualified professionals, in the student's primary language or mode of communication, and must be technically sound, nondiscriminatory, and validated for the purposes for which they are used (EC 56320(a)-(b)). No single procedure may be used as the sole criterion for determining eligibility (EC 56329(a)). The assessment must cover all areas of suspected disability, including health, vision, hearing, social-emotional status, general intelligence, academic performance, communicative status, and motor abilities (EC 56320(f)). The assessment report must include findings, recommendations for eligibility, and educational needs (EC 56327). Parents have the right to obtain an independent educational evaluation (IEE) if they disagree with the school's assessment (EC 56329(b); 34 CFR 300.502). Triennial reevaluations must occur at least every three years (EC 56381(a)).
What California Requires
Within 15 calendar days of a referral for assessment, the LEA must develop and provide an assessment plan to the parent in the parent's native language (EC 56043(a); EC 56321(a)).
The parent has at least 15 calendar days from receipt of the assessment plan to provide written consent (EC 56043(b)).
All assessments must be completed, an IEP team meeting held, and an IEP developed within 60 days of receiving parental consent, not counting days between school sessions, terms, or school vacations exceeding 5 school days (EC 56043(c); EC 56344(a)).
Assessments must be administered in the child's primary language or mode of communication, be nondiscriminatory, technically sound, and validated for the purposes used (EC 56320(a)-(b); 34 CFR 300.304).
All areas of suspected disability must be assessed, including health, vision, hearing, social-emotional, intelligence, academics, communication, and motor abilities (EC 56320(f)).
No single procedure may be used as the sole criterion for eligibility determination (EC 56329(a); 34 CFR 300.304(b)(2)).
The assessment report must include findings, determination of eligibility, educational needs, and recommendations (EC 56327).
Parents have the right to an independent educational evaluation (IEE) at public expense if they disagree with the LEA's assessment (EC 56329(b); 34 CFR 300.502).
Key Timelines
Assessment plan must be provided within 15 calendar days of referral (EC 56043(a)).
Parent has at least 15 calendar days to consent to the assessment plan (EC 56043(b)).
60 days from parental consent to completion of assessments, IEP meeting, and IEP development—not counting days between school sessions, terms, or school vacations exceeding 5 school days (EC 56043(c); EC 56344(a)).
Triennial reevaluation: at least once every 3 years, or sooner if conditions warrant or if requested by parent or teacher (EC 56381(a); 34 CFR 300.303).
IEP meeting must be held within 30 calendar days of eligibility determination (EC 56344(a)).