IEP Timelines in Ohio
What are the IEP timelines in Ohio?
Ohio special education law imposes numerous specific timelines that districts must follow. These timelines are established across OAC Chapter 3301-51 and ORC Chapter 3323. Referral response: Within 30 calendar days of receiving a referral, the district must either obtain parental consent for evaluation or provide prior written notice that it will not evaluate (OAC 3301-51-06(B)(3)). Initial evaluation: Must be completed within 60 calendar days of obtaining parental consent (OAC 3301-51-06(B)(4)(a)). IEP meeting: Must occur within 30 calendar days after the child is determined eligible (OAC 3301-51-07(H)(1)). IEP annual review: The IEP team must review the IEP at least annually (OAC 3301-51-07(I)(2)). Triennial reevaluation: Reevaluation must occur at least every three years unless parent and district agree it is unnecessary (OAC 3301-51-06(D)). Amended IEP: A copy of an amended IEP must be sent to the parent within 30 days of the amendment (OAC 3301-51-07). Transition: Transition services must be included in the IEP no later than the first IEP in effect when the child turns 16 — Ohio follows the federal IDEA standard and does not require an earlier start age by state law (OAC 3301-51-07(E)(2); 34 CFR 300.320(b)). Transfer of rights notice: By the child's 17th birthday, the IEP must include a statement that the child has been informed of rights that will transfer at age of majority (OAC 3301-51-07). Due process: Resolution session within 15 calendar days of complaint receipt; 30-day resolution period; IHO decision within 45 days after resolution period; appeal to SLRO within 45 days of IHO decision; appeal to court within 45 days (common pleas) or 90 days (federal) of SLRO decision (ORC 3323.05(B); OAC 3301-51-05(K)). State complaint: Investigation and resolution within 60 calendar days (34 CFR 300.152(a)). Discipline: Manifestation determination within 10 school days of decision to change placement; expedited hearing resolution session within 7 calendar days (OAC 3301-51-05). Restraint/seclusion: After the third incident in a school year for a student with an IEP or 504 plan, the team must meet within 10 school days to consider FBA/BIP (OAC 3301-35-15).
What Ohio Requires
30-day referral response timeline (OAC 3301-51-06(B)(3))
60-day initial evaluation timeline from parental consent (OAC 3301-51-06(B)(4)(a))
30-day IEP development timeline after eligibility determination (OAC 3301-51-07(H)(2))
Annual IEP review required (OAC 3301-51-07(I)(2))
Triennial reevaluation unless waived by agreement (OAC 3301-51-06(D))
Transition services in IEP by age 16 — federal IDEA standard; Ohio does not require earlier (OAC 3301-51-07(E)(2); 34 CFR 300.320(b))
Transfer of rights notice by age 17 (OAC 3301-51-07)
Manifestation determination within 10 school days of discipline change of placement (OAC 3301-51-05)
Restraint/seclusion: team meeting within 10 school days of third incident (OAC 3301-35-15)
Key Timelines
30 calendar days: respond to referral with consent request or PWN (OAC 3301-51-06(B)(3))
60 calendar days: complete initial evaluation from parental consent (OAC 3301-51-06(B)(4)(a))
30 calendar days: IEP meeting must occur after eligibility determination (OAC 3301-51-07(H)(1))
Annually: IEP review (OAC 3301-51-07(I)(2))
Every 3 years: reevaluation unless waived (OAC 3301-51-06(D))
30 days: send copy of amended IEP to parent (OAC 3301-51-07)
Age 16: transition services must be in IEP — federal IDEA standard; Ohio follows this and does not require an earlier age (OAC 3301-51-07(E)(2); 34 CFR 300.320(b))
Age 17: rights transfer notice in IEP (OAC 3301-51-07)
15 calendar days: resolution session after due process complaint (OAC 3301-51-05(K)(9))
30 calendar days: resolution period (OAC 3301-51-05(K))
45 days: IHO decision after resolution period (OAC 3301-51-05(K))
45 days: appeal to SLRO (ORC 3323.05(B))
45 days to common pleas or 90 days to federal court from SLRO (ORC 3323.05(B))
60 calendar days: state complaint investigation (34 CFR 300.152(a))
10 school days: manifestation determination after discipline change of placement (OAC 3301-51-05)
7 calendar days: expedited hearing resolution session (OAC 3301-51-05(K))
10 school days: team meeting after third restraint/seclusion incident (OAC 3301-35-15)