IEP Timelines in Florida

What are the IEP timelines in Florida?

Florida ESE law imposes numerous critical timelines governing the special education process. The initial evaluation must be completed within 60 calendar days of the school district's receipt of parental consent for evaluation; for prekindergarten children ages 3 through kindergarten entry age, the timeline is 60 school days (FAC 6A-6.0331(4)). Calendar days excluded from the 60-day count include school holidays, Thanksgiving break, winter break, spring break, and summer vacation as adopted by the district school board (FAC 6A-6.0331(4)). The parent and district may extend the 60-day timeline by up to 30 calendar days by mutual written agreement, secured before the 45th calendar day and after formal testing has begun (FAC 6A-6.0331(4)). Once a student is found eligible, the IEP must be developed within 30 calendar days of the eligibility determination (FAC 6A-6.03028; 34 CFR §300.323). Written notice of IEP meetings must be provided to parents at least 10 calendar days before the meeting when the meeting involves alternate assessment or ESE center placement decisions (F.S. §1003.5715(4)); for all other IEP meetings, notice must be given early enough to ensure parents have an opportunity to attend (FAC 6A-6.03028(3)(b)). The IEP must be reviewed and, if appropriate, revised at least once every 12 months (annual review) (FAC 6A-6.03028; 34 CFR §300.324). Reevaluation must occur at least once every three years (triennial review) unless the parent and district agree it is unnecessary, and may not occur more than once per year unless both parties agree (FAC 6A-6.0331(7); 34 CFR §300.303). For transfer students from within Florida, the receiving district must provide FAPE including services comparable to those in the previous IEP in consultation with the parents; for transfers from out of state, the receiving district must provide comparable services and, if needed, conduct a new evaluation within the 60-calendar-day timeline (FAC 6A-6.03028; 34 CFR §300.323(e)-(f)). For due process complaints, the resolution meeting must occur within 15 calendar days, the resolution period is 30 calendar days, and the hearing decision must be issued within 45 calendar days after the resolution period expires (34 CFR §§300.510, 300.515). State complaints must be resolved within 60 calendar days (34 CFR §300.152). Civil actions must be filed within 90 calendar days of the ALJ's final decision (F.S. §1003.57(1)(c)). FAPE is available through age 22 in Florida — students who turn 22 during the school year may continue to receive services through the end of that school year (F.S. §1003.57(1)(a)).