IEP Timelines in Illinois

What are the IEP timelines in Illinois?

Illinois special education law establishes numerous timelines governing the IEP process. For evaluations, the district must determine within 14 school days of receiving a referral whether an evaluation is warranted (23 IAC 226.110(a)). Once a parent signs consent on the domain review form, the district has 60 school days to complete the case study evaluation and eligibility determination (105 ILCS 5/14-8.02(b); 23 IAC 226.110(d)). If fewer than 60 school days remain in the school year, the eligibility determination and IEP must be completed before the first day of the following school year (23 IAC 226.110(d)). After eligibility is established, the IEP meeting must be held within 30 days (23 IAC 226.110(j)), and the approved IEP must be implemented within 10 school days (23 IAC 226.220). IEPs must be reviewed at least annually (34 CFR 300.324(b); 23 IAC 226.220). Reevaluations must occur at least every 3 years (triennial) but no more than once per year unless the parent and district agree (34 CFR 300.303). For meeting notification, written notice must be provided at least 10 days before the proposed meeting date (23 IAC 226.530(a)). For IEE requests, the district must respond within 5 days — either agreeing to fund or filing due process (105 ILCS 5/14-8.02), and must convene an IEP meeting within 10 days of receiving the IEE report (23 IAC 226.180(d)). For due process, complaints must be filed within 2 years of the alleged action; there is a 30-day resolution period, and the hearing must be completed within 45 days from the end of the resolution period (105 ILCS 5/14-8.02a; 34 CFR 300.515). Appeals to court must be filed within 120 days of the decision (105 ILCS 5/14-8.02a). Expedited hearings must be completed within 20 school days with a decision within 10 school days (23 IAC 226.655). State complaints must be resolved within 60 calendar days (23 IAC 226.570(c)). For home/hospital instruction, a minimum of 5 hours per week is required for students with medically necessary absences exceeding 2 consecutive weeks (23 IAC 226.300). Transition planning must begin at age 14.5 (105 ILCS 5/14-1.02).

What Illinois Requires

14 school days from referral to determine if evaluation is warranted (23 IAC 226.110(a))

60 school days from consent to eligibility determination and IEP completion (105 ILCS 5/14-8.02(b))

30 days from eligibility to IEP meeting (23 IAC 226.110(j))

10 school days from IEP approval to implementation (23 IAC 226.220)

Annual IEP review required (34 CFR 300.324(b))

Triennial reevaluation required (34 CFR 300.303)

10 days written meeting notice (23 IAC 226.530(a))

5 days for district to respond to IEE request (105 ILCS 5/14-8.02)

10 days from IEE report to IEP meeting (23 IAC 226.180(d))

120 days from decision to file civil action (105 ILCS 5/14-8.02a)

Key Timelines

14 school days: referral to evaluation decision (23 IAC 226.110(a))

60 school days: consent to eligibility determination and IEP (105 ILCS 5/14-8.02(b); 23 IAC 226.110(d))

If fewer than 60 school days remain: complete before first day of next school year (23 IAC 226.110(d))

30 days: eligibility determination to IEP meeting (23 IAC 226.110(j))

10 school days: IEP approval to implementation (23 IAC 226.220)

Annual: IEP review (34 CFR 300.324(b))

3 years: triennial reevaluation (34 CFR 300.303)

10 days: written meeting notification before proposed date (23 IAC 226.530(a))

5 days: district response to IEE request (105 ILCS 5/14-8.02)

10 days: IEE report to IEP meeting (23 IAC 226.180(d))

2 years: statute of limitations for due process complaint (105 ILCS 5/14-8.02a)

30 days: resolution period after due process filing (105 ILCS 5/14-8.02a)

45 days: hearing completion from end of resolution period (34 CFR 300.515)

120 days: from hearing decision to civil action (105 ILCS 5/14-8.02a)

20 school days: expedited hearing (23 IAC 226.655)

60 calendar days: state complaint resolution (23 IAC 226.570(c))

1 year: lookback period for state complaints (23 IAC 226.570(b))

Age 14.5: transition planning begins (105 ILCS 5/14-1.02)

5 hours/week minimum: home/hospital instruction (23 IAC 226.300)

Sources

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