IEP Timelines in Mississippi

What are the IEP timelines in Mississippi?

Mississippi has several notable timelines that differ from the federal baseline or deserve particular attention. The most significant Mississippi-specific timeline is the 60-calendar-day evaluation deadline from written parental consent — unlike the federal standard of 60 school days, Mississippi counts calendar days, meaning the timeline runs through weekends, holidays, and summer breaks (Miss. Code Ann. § 37-23-9; MS Sp. Ed. Regs.). Other key timelines: parent notification by end of school day after a physical restraint incident (Miss. Code Ann. § 37-11-65); IEP in effect at the start of each school year; annual IEP review; triennial reevaluation; 10-school-day MDR after disciplinary change of placement; 15-day resolution session after due process complaint; 30-day resolution period; 45-day due process decision deadline; 60-calendar-day state complaint investigation; 90-day court appeal deadline; and age-16 transition planning start. Mississippi follows the federal resolution session framework without a state-specific pre-hearing step.

What Mississippi Requires

Mississippi's evaluation timeline of 60 calendar days (not school days) from written consent is a state-specific distinction that makes the deadline shorter in practice for evaluations requested during the school year (Miss. Code Ann. § 37-23-9; MS Sp. Ed. Regs.).

Parent notification of physical restraint must occur by the end of the school day on which the restraint occurred — same-day notification required (Miss. Code Ann. § 37-11-65).

Transition planning must begin at age 16 (federal minimum; Mississippi has no earlier state mandate) (34 CFR 300.320(b); Miss. Code Ann. § 37-23-11).

FAPE eligibility ends at age 21 in Mississippi (Miss. Code Ann. § 37-23-3).

Educational rights transfer to students at age 18 (34 CFR 300.520; Miss. Code Ann. § 37-23-5).

Due process complaints trigger a mandatory 15-day resolution session window and a 30-day resolution period before the hearing proceeds (34 CFR 300.510).

Key Timelines

60 calendar days from written consent: evaluation timeline (Miss. Code Ann. § 37-23-9; MS Sp. Ed. Regs.).

30 days after eligibility: initial IEP must be developed (34 CFR 300.323(c)).

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

Every 3 years: reevaluation required (34 CFR 300.303).

End of school day: parent notification after physical restraint incident (Miss. Code Ann. § 37-11-65).

Age 16: transition services planning begins (34 CFR 300.320(b)).

Age 18: educational rights transfer to student (Miss. Code Ann. § 37-23-5).

Age 21: FAPE eligibility ends (Miss. Code Ann. § 37-23-3).

10 school days: MDR after disciplinary change of placement decision (34 CFR 300.530(e)).

15 days: resolution session after due process complaint (34 CFR 300.510(a)).

30 days: resolution period before due process hearing proceeds (34 CFR 300.510(c)).

45 days after resolution period: final due process hearing decision (34 CFR 300.515(a)).

10 school days: expedited due process decision in discipline cases (34 CFR 300.532(c)).

60 calendar days: state complaint investigation decision (34 CFR 300.152(a)).

90 days: court appeal of due process decision (34 CFR 300.516; Miss. Code Ann. § 37-23-135).

Sources

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