IEP Timelines in Montana
What are the IEP timelines in Montana?
Montana special education is governed by a series of key procedural timelines drawn from both state administrative rules (ARM 10.16) and federal IDEA (34 CFR Part 300). The most important timelines are: (1) Initial Evaluation: 60 calendar days from receipt of parental consent (ARM 10.16.3321; 34 CFR 300.301(c)). (2) IEP Following Eligibility: An initial IEP must be developed within 30 calendar days of the eligibility determination (34 CFR 300.323(c)). (3) Annual IEP Review: The IEP must be reviewed and revised at least annually (ARM 10.16.3340). (4) Triennial Reevaluation: At least every three years (ARM 10.16.3321; 34 CFR 300.303). (5) State Complaint: OPI must issue a final report within 60 calendar days of filing; EAP has 15 business days; responding party has 10 days after EAP period (ARM 10.16.3662; ARM 10.16.3660). (6) Due Process Resolution Meeting: LEA must convene within 15 days of receiving the due process complaint (ARM 10.16.3508A). (7) Due Process Final Decision: Must be issued within 45 days after expiration of the 30-day resolution period (34 CFR 300.515). (8) IEP Consent Exception Period: 15 days after prior written notice before LEA may implement contested IEP provisions (ARM 10.16.3505). (9) Parental Rights Transfer: At age 18 (ARM 10.16.3502). (10) Surrogate Parent Nomination: Within 10 days of determination that child needs one (ARM 10.16.3504; MCA § 20-7-461). (11) Aversive Procedure Notification: Within 24 hours each use (ARM 10.16.3346). (12) FAPE Age: Through age 21 (22nd birthday) as of August 13, 2025 settlement.
What Montana Requires
Initial evaluation must be completed within 60 calendar days of receipt of parental consent (ARM 10.16.3321; 34 CFR 300.301(c)).
Initial IEP must be developed within 30 calendar days of eligibility determination (34 CFR 300.323(c)).
IEP must be reviewed and revised at least annually (ARM 10.16.3340; 34 CFR 300.324(b)).
State complaint must be resolved within 60 calendar days of filing (ARM 10.16.3662).
Resolution meeting for due process must be convened within 15 days of LEA receipt of the complaint (ARM 10.16.3508A).
IEP annual consent exception period is 15 days after prior written notice (ARM 10.16.3505).
Parental rights transfer to student at age 18 (ARM 10.16.3502); FAPE continues through 22nd birthday as of August 2025 settlement.
Key Timelines
60 calendar days from parental consent to complete initial evaluation (ARM 10.16.3321; 34 CFR 300.301(c)).
30 calendar days from eligibility to initial IEP (34 CFR 300.323(c)).
Annual IEP review required (ARM 10.16.3340).
Triennial reevaluation required (ARM 10.16.3321; 34 CFR 300.303).
60 calendar days for state complaint resolution; 15 business days for EAP (ARM 10.16.3660, 10.16.3662).
15 days for resolution meeting after due process complaint (ARM 10.16.3508A).
45 days for due process final decision after resolution period expires (34 CFR 300.515).
15-day exception period for contested annual IEPs (ARM 10.16.3505).
10 days to nominate surrogate parent (ARM 10.16.3504; MCA § 20-7-461).
24 hours to notify parents of aversive procedure use (ARM 10.16.3346).
FAPE through age 21 (22nd birthday) as of August 13, 2025 court settlement (A.H. v. Heladen).