IEP Timelines in Georgia
What are the IEP timelines in Georgia?
Georgia has specific timelines governing the special education process, some of which differ from federal defaults. The key timelines are: (1) Initial Evaluation: 60 calendar days from receipt of written parental consent to completion of the evaluation (Ga. Comp. R. & Regs. 160-4-7-.04). Holiday periods when children are not in attendance for five or more consecutive school days are excluded from the count (including surrounding weekends), except for summer vacation when the majority of teachers are not under contract. If consent is received 30 or more days before the end of the school year, the evaluation must still be completed within 60 calendar days. (2) IEP Development: Within 30 calendar days of the initial eligibility determination, the IEP must be developed (34 CFR §300.323(c)). This 30-day period does not include exceptions for holidays or summer vacations. (3) Annual IEP Review: The IEP must be reviewed and revised at least annually (34 CFR §300.324(b)(1)). (4) Reevaluation: At least every 3 years unless waived by agreement; no more frequently than once per year unless agreed (34 CFR §300.303). (5) Prior Written Notice: Must be provided a reasonable time before the LEA proposes or refuses to change identification, evaluation, placement, or FAPE. (6) State Complaint: Must allege violations within 1 year; decision within 60 calendar days. (7) Due Process: 2-year statute of limitations; 15-day resolution session; 30-day resolution period; 45-day hearing decision; 90-day appeal window. (8) Transition: Must begin by entry into ninth grade or age 16, whichever comes first. (9) Birth-to-Three: Children turning 3 during summer or holiday periods must have eligibility and IEP in place by third birthday. (10) Transfer Students: Comparable services must begin immediately for students transferring with an IEP.
What Georgia Requires
Initial evaluation: 60 calendar days from parental consent, with holiday exclusions for periods of 5+ consecutive school days absent (Ga. Comp. R. & Regs. 160-4-7-.04).
IEP development: within 30 calendar days of initial eligibility determination, with no holiday exceptions (34 CFR §300.323(c)).
Annual IEP review: at least once per year (34 CFR §300.324(b)(1)).
Reevaluation: at least every 3 years unless parent and LEA agree otherwise; not more than once per year unless agreed (34 CFR §300.303).
Prior Written Notice: a reasonable time before proposing or refusing action (34 CFR §300.503).
State complaint: violations within 1 year; LEA response in 10 business days; decision in 60 calendar days (Ga. Comp. R. & Regs. 160-4-7-.12).
Due process: 2-year statute of limitations; 15-day resolution session; 30-day resolution period; 45-day decision; 90-day appeal (Ga. Comp. R. & Regs. 160-4-7-.12).
Transition planning: begins by entry into ninth grade or age 16, whichever comes first (Ga. Comp. R. & Regs. 160-4-7-.06).
Third birthday: eligibility determination and IEP must be in place by the child's third birthday for Part C to Part B transitions (Ga. Comp. R. & Regs. 160-4-7-.04).
Key Timelines
60 calendar days: initial evaluation completion from consent (Ga. Comp. R. & Regs. 160-4-7-.04).
30 calendar days: IEP development from initial eligibility determination (34 CFR §300.323(c)).
Annually: IEP review and revision (34 CFR §300.324(b)(1)).
Every 3 years: reevaluation (triennial) unless waived (34 CFR §300.303(b)).
1 year: statute of limitations for state complaints (Ga. Comp. R. & Regs. 160-4-7-.12).
2 years: statute of limitations for due process (34 CFR §300.507(a)).
15 days: resolution session after due process complaint (34 CFR §300.510(a)).
30 days: resolution period (34 CFR §300.510(b)).
45 days: hearing decision after resolution period (34 CFR §300.515(a)).
90 days: civil action filing deadline after hearing decision.
60 calendar days: state complaint investigation and decision (34 CFR §300.152(a)).
10 business days: LEA response to state complaint.
By ninth grade or age 16 (whichever first): transition planning begins (Ga. Comp. R. & Regs. 160-4-7-.06).
By third birthday: eligibility and IEP in place for Part C transitions.