IEP Timelines in New York
What are the IEP timelines in New York?
New York has a comprehensive set of timelines governing the special education process, many of which are specified in calendar days or school days depending on the requirement. The initial evaluation must be completed within 60 calendar days of receipt of parental consent (8 NYCRR Section 200.4(b)(7)), and this timeline may be extended only by mutual written agreement. For preschool students, the CPSE must also complete the evaluation and develop a recommendation within 60 calendar days of consent (8 NYCRR Section 200.16(e)). Once the CSE develops an IEP recommendation, the board of education must arrange for programs and services to be provided within 60 school days of receipt of consent to evaluate for initial placements (8 NYCRR Section 200.4(e)(1)). This means the entire process from consent to placement must be completed within 60 school days. The CSE must conduct an annual review of each student's IEP at least once per year (8 NYCRR Section 200.4(f)), and reevaluations must occur at least every three years (triennial) unless the parent and district agree in writing to waive the triennial (8 NYCRR Section 200.4(b)(4)). Prior written notice must be provided a reasonable time before the district proposes or refuses to change identification, evaluation, placement, or FAPE (8 NYCRR Section 200.5(a)). Written notice of CSE/CPSE meetings must be provided at least five days in advance (8 NYCRR Section 200.5(c)). For due process, the resolution session must be convened within 15 calendar days of filing, the resolution period is 30 calendar days, and the IHO must render a decision within 45 calendar days after the resolution period expires (8 NYCRR Section 200.5(j)). The SRO appeal notice must be served within 25 calendar days of the IHO decision (8 NYCRR Section 200.5(k)), and the SRO must decide within 30 calendar days of receiving submissions. For state complaints, NYSED has 60 calendar days to resolve (34 CFR Section 300.152(a)). Access to education records must be provided within 45 calendar days of request (8 NYCRR Section 200.5(d)). For transfer students within NY, the new district must provide comparable services immediately and then either adopt the previous IEP or develop a new one; for out-of-state transfers, the district must provide comparable services and conduct a new evaluation if deemed necessary (8 NYCRR Section 200.4(e)(8)). Disciplinary timelines include the 10-day rule for short-term removals and the 45-school-day maximum for interim alternative educational settings for specified offenses (8 NYCRR Section 201.7).
What New York Requires
All timeline calculations must distinguish between calendar days and school days as specified in each regulation
The 60-calendar-day evaluation timeline runs from receipt of parental consent, not from referral date (8 NYCRR Section 200.4(b)(7))
The 60-school-day placement timeline runs from consent to evaluate for initial placements (8 NYCRR Section 200.4(e)(1))
Annual review must occur at least annually; triennial reevaluation at least every three years (8 NYCRR Section 200.4(b)(4), (f))
Transfer students must receive comparable services immediately upon enrollment (8 NYCRR Section 200.4(e)(8))
Key Timelines
60 calendar days from parental consent to complete initial evaluation (8 NYCRR Section 200.4(b)(7))
60 school days from consent to evaluate to arrange for initial placement and services (8 NYCRR Section 200.4(e)(1))
Annual review of IEP at least once per year (8 NYCRR Section 200.4(f))
Triennial reevaluation at least every 3 years unless waived by mutual agreement (8 NYCRR Section 200.4(b)(4))
5 days written notice before CSE/CPSE meeting (8 NYCRR Section 200.5(c))
15 calendar days from due process complaint to convene resolution session (8 NYCRR Section 200.5(j)(2))
30 calendar days resolution period from receipt of due process complaint (8 NYCRR Section 200.5(j)(2))
45 calendar days from end of resolution period for IHO decision (8 NYCRR Section 200.5(j)(5))
25 calendar days from IHO decision to serve notice of SRO appeal (8 NYCRR Section 200.5(k))
30 calendar days for SRO decision after receipt of submissions (8 NYCRR Section 200.5(k))
60 calendar days for NYSED to resolve a state complaint (34 CFR Section 300.152(a))
45 calendar days to provide access to education records after request (8 NYCRR Section 200.5(d))
10 school days maximum short-term removal without change in placement (8 NYCRR Section 201.7)
45 school days maximum IAES placement for weapons, drugs, or serious bodily injury (8 NYCRR Section 201.7)