IEP Timelines in Pennsylvania
What are the IEP timelines in Pennsylvania?
Pennsylvania has numerous special education timelines established by both state regulation (22 Pa. Code Chapter 14) and federal law (34 CFR Part 300). Initial and reevaluation timelines: the evaluation must be completed and the Evaluation Report (ER) or Reevaluation Report (RR) presented to parents within 60 calendar days from written parental consent, excluding summer break (day after last spring school day through day before first fall school day) (22 Pa. Code 14.123(b), 14.124). If a parent makes an oral request for evaluation, the school must provide the Permission to Evaluate (PTE) form within 10 calendar days (22 Pa. Code 14.123(c)). The ER/RR must be disseminated to parents at least 10 school days before the IEP team meeting unless waived in writing (22 Pa. Code 14.123(d)). IEP timelines: the IEP must be reviewed and revised at least annually (34 CFR 300.324(b)). The IEP must be in effect at the beginning of each school year (34 CFR 300.323(a)). Reevaluation must occur at least every three years (triennial) for most disabilities, and every two years for students with intellectual disability (22 Pa. Code 14.124). NOREP response: parents have 10 calendar days to approve or disapprove a NOREP; if no response is received, most proposed actions may proceed (except initial services/evaluations requiring affirmative consent) (PDE guidance). Due process: 30-day resolution period from filing; resolution session within 15 days; 45-day hearing decision timeline after resolution period (34 CFR 300.510, 300.515). Appeals: 30 calendar days to state court, 90 calendar days to federal court (22 Pa. Code 14.162). State complaint: BSE must issue CIR within 60 calendar days (34 CFR 300.152). Discipline: manifestation determination within 10 school days of decision to change placement (34 CFR 300.530(e)). Transition: planning begins no later than the first IEP to be in effect when the student turns 14 (22 Pa. Code 14.131(a)(5)). ESY: IEP team must consider ESY eligibility using regression/recoupment data and make a determination annually (22 Pa. Code 14.132). The statute of limitations for due process complaints is two years (34 CFR 300.507(a)(2)), and for state complaints, violations must have occurred within one year (34 CFR 300.153(c)).
What Pennsylvania Requires
60 calendar days for initial evaluation and reevaluation from written consent (summer excluded) (22 Pa. Code §§14.123(b), 14.124)
10 calendar days for school to provide PTE form after oral request (22 Pa. Code §14.123(c))
10 school days for ER/RR dissemination to parents before IEP meeting (22 Pa. Code §14.123(d))
IEP must be implemented no later than 10 school days after its completion (22 Pa. Code §14.131(a)(6))
Annual IEP review required (34 CFR §300.324(b))
Triennial reevaluation (3 years), or biennial (2 years) for intellectual disability (22 Pa. Code §14.124)
10 calendar days for NOREP response (PDE guidance)
Transition planning begins no later than age 14 (22 Pa. Code §14.131(a)(5))
Two-year statute of limitations for due process complaints (34 CFR §300.507(a)(2))
One-year lookback period for state complaints (34 CFR §300.153(c))
Key Timelines
60 calendar days: evaluation/reevaluation completion from written consent (summer excluded) (22 Pa. Code §14.123(b))
10 calendar days: school provides PTE form after oral request (22 Pa. Code §14.123(c))
10 school days: ER/RR provided to parents before IEP meeting (22 Pa. Code §14.123(d))
10 school days: IEP implemented after its completion (22 Pa. Code §14.131(a)(6))
10 calendar days: parent response to NOREP (PDE guidance)
Annual (365 days): IEP review (34 CFR §300.324(b))
3 years: triennial reevaluation (22 Pa. Code §14.124)
2 years: reevaluation for intellectual disability (22 Pa. Code §14.124)
30 days: resolution period after due process complaint filed (34 CFR §300.510)
15 days: resolution session convened after complaint received (34 CFR §300.510)
45 days: hearing officer decision after resolution period (34 CFR §300.515)
30 calendar days: appeal to state court (22 Pa. Code §14.162)
90 calendar days: appeal to federal court (22 Pa. Code §14.162)
60 calendar days: BSE complaint investigation report (34 CFR §300.152)
10 school days: manifestation determination after discipline decision (34 CFR §300.530(e))
Age 14: transition planning must begin (22 Pa. Code §14.131(a)(5))
2 years: statute of limitations for due process complaints (34 CFR §300.507(a)(2))
1 year: lookback period for state complaints (34 CFR §300.153(c))