IEP Timelines in California
What are the IEP timelines in California?
California has specific timelines for every stage of the special education process, many of which differ from or exceed federal defaults. The key timelines are: (1) Referral to assessment plan: the LEA must develop and provide an assessment plan to parents within 15 calendar days of receiving a referral for assessment (EC 56043(a)). (2) Parental consent: the parent has at least 15 calendar days from receipt of the assessment plan to provide consent (EC 56043(b)). (3) Assessment to IEP: all assessments must be completed, an IEP meeting held, and an IEP developed within 60 calendar days of receiving parental consent—not counting school vacations in excess of 5 school days (EC 56043(c)). This differs from the federal 60-day default which counts calendar days without exclusions. (4) Eligibility to IEP: an IEP must be developed within 30 calendar days of eligibility determination (EC 56344(a)). (5) Annual review: the IEP must be reviewed at least once per year (EC 56343(d); 34 CFR 300.324(b)). (6) Triennial reevaluation: at least once every 3 years (EC 56381(a); 34 CFR 300.303). (7) Transfer students (in-state): comparable services immediately, new IEP within 30 days if needed (EC 56325(a)(1)). (8) Transfer students (out-of-state): comparable services immediately, new evaluation and IEP within 30 days (EC 56325(a)(2)). (9) Transition planning: if the IEP team determines it appropriate, beginning when the student enters their high school experience, or no later than age 16 (AB 438, effective July 1, 2025). (10) IEP meeting notice: early enough to ensure an opportunity to attend (EC 56341.5(b)). (11) Due process resolution session: within 15 days of complaint (34 CFR 300.510). (12) Due process hearing decision: within 45 days of end of 30-day resolution period (34 CFR 300.515). (13) State complaint decision: within 60 days (34 CFR 300.152).
What California Requires
Assessment plan must be provided within 15 calendar days of referral for assessment (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)).
IEP must be developed within 30 calendar days of eligibility determination (EC 56344(a)).
IEP must be reviewed at least annually (EC 56343(d); 34 CFR 300.324(b)).
Triennial reevaluation at least every 3 years (EC 56381(a); 34 CFR 300.303).
Transfer students (in-state): comparable services immediately, new IEP within 30 days (EC 56325(a)(1)).
Transfer students (out-of-state): comparable services immediately, complete evaluations and IEP within 30 days (EC 56325(a)(2)).
IEP meeting notice: early enough to ensure an opportunity to attend (EC 56341.5(b)).
Transition planning begins at high school experience entry if determined appropriate by the IEP team, or no later than age 16 (EC 56345(a)(8), AB 438, effective July 1, 2025).
Key Timelines
15 calendar days: referral to assessment plan (EC 56043(a)).
15 calendar days: parent consent period for assessment plan (EC 56043(b)).
60 days: consent to IEP (excluding days between sessions/terms/vacations >5 school days) (EC 56043(c); EC 56344(a)).
30 calendar days: eligibility determination to IEP development (EC 56344(a)).
30 calendar days: transfer student IEP (in-state or out-of-state) (EC 56325).
IEP meeting notice must be provided early enough to ensure parental attendance (EC 56341.5(b)).
Annual: IEP review (EC 56343(d)).
Triennial: reevaluation (EC 56381(a)).
15 days: resolution session after due process complaint (34 CFR 300.510).
45 days: hearing decision after resolution period ends (34 CFR 300.515).
60 days: CDE state complaint decision (34 CFR 300.152).
90 days: civil action appeal of OAH decision (EC 56505(k)).
2 years: statute of limitations for due process complaint (EC 56505(l)).