IEP Timelines in Oregon
What are the IEP timelines in Oregon?
Oregon's special education timeline requirements align with federal IDEA in many respects while incorporating several Oregon-specific deadlines. Oregon's evaluation timeline is 60 school days from parental consent for initial evaluation (OAR 581-015-2110), which is Oregon's stricter state rule measured in school days rather than calendar days. Once a child is determined eligible, the IEP Team must meet and develop the initial IEP within 30 calendar days of the eligibility determination (34 CFR 300.323(c)(1)). Services must begin as soon as possible after the IEP is developed. Annual IEP reviews must occur at least once every 12 months. Triennial reevaluations must occur at least every three years. For discipline, a manifestation determination must be conducted within 10 school days of a placement change exceeding 10 cumulative school days. When a student with an IEP or 504 Plan creates an imminent risk of serious bodily injury, an FBA and BIP must be completed within 45 school days of parental consent (ORS 343.154). Parents must receive records access within 10 business days of request (ORS 343.173). Procedural safeguards notices must be distributed at a minimum annually and upon certain triggering events (OAR 581-015-2315). For dispute resolution, complaint investigations must be completed within 60 calendar days of ODE receipt (34 CFR 300.152). Due process requests must be filed within two years of the act or omission (ORS 343.165(2)(a)). Resolution sessions must occur within 15 days of a due process request. Under ORS 343.167(5), hearing decisions must issue not later than 45 days after the hearing request is filed; this clock runs from the date of filing (not from the end of the resolution period). Expedited hearing decisions must issue within 10 school days of the hearing. Civil action to appeal a hearing decision must be filed within 90 days of the final order (ORS 343.175(4)).
What Oregon Requires
Initial evaluation must be completed within 60 school days of parental consent (OAR 581-015-2110); Oregon's state rule uses school days, not calendar days.
Initial IEP must be developed within 30 calendar days of eligibility determination (34 CFR 300.323(c)(1)).
Annual IEP review must occur at least every 12 months (34 CFR 300.324(b)(1)).
Triennial reevaluation must occur at least every three years unless parent and district agree it is unnecessary (34 CFR 300.303(b)).
FBA and BIP required within 45 school days of parental consent when a student with IEP or 504 Plan creates imminent serious bodily injury risk (ORS 343.154).
State complaint investigations must be completed within 60 calendar days of ODE receipt (34 CFR 300.152).
Due process hearing officer must issue final decision not later than 45 days after the hearing request is filed (ORS 343.167(5)); the clock starts at filing, not at the end of the resolution period.
Key Timelines
60 school days from parental consent: complete initial evaluation (OAR 581-015-2110); Oregon counts school days, not calendar days.
30 calendar days after eligibility: develop initial IEP (34 CFR 300.323(c)(1)).
At least every 12 months: review IEP annually (34 CFR 300.324(b)(1)).
At least every 3 years: conduct triennial reevaluation (34 CFR 300.303(b)).
45 school days from parental consent: complete FBA and BIP for imminent bodily injury risk (ORS 343.154).
10 school days from placement change: conduct manifestation determination (34 CFR 300.530(e)).
10 business days: parent access to records (ORS 343.173).
60 calendar days from ODE receipt: resolve state complaint (34 CFR 300.152).
2 years from act or omission: file due process request (ORS 343.165(2)(a)).
15 days from due process filing: hold resolution session (34 CFR 300.510).
45 days from hearing request filing: hearing officer issues final decision (ORS 343.167(5)); clock runs from filing date.
20 school days after expedited request: hold expedited hearing; decision within 10 school days (ORS 343.167(6)).
90 days from final order: file civil action to appeal (ORS 343.175(4)).