IEP Timelines in South Carolina
What are the IEP timelines in South Carolina?
South Carolina has several timeline requirements that supplement or differ from the federal IDEA baseline. The most important: initial evaluation must be completed within 60 calendar days of parental consent for evaluation (Reg. 43-243). The IEP must be developed within 30 calendar days after the evaluation determines eligibility (Reg. 43-243; 34 CFR 300.323(c)). This makes the full evaluation-to-IEP process up to 90 calendar days from consent. Transition planning begins at age 13 (not 16 as in the federal baseline). South Carolina's age of majority is 18 — the rights-transfer notification in the IEP must appear on or before the student's 17th birthday (one year before age 18). FAPE extends through age 21 with a September 1 cutoff: if the student turns 21 after September 1, the LEA must allow completion of the school year. Due process timelines follow a two-tier system: 15-calendar-day resolution meeting, 30-calendar-day resolution period, 45-calendar-day first-tier decision, 10-calendar-day appeal window, 30-calendar-day second-tier SCDE decision, and 90-calendar-day window for court appeal. State complaint resolution is 60 calendar days. The process for designating an educational representative for incapable students must begin 60 calendar days before the student's 18th birthday.
What South Carolina Requires
Initial evaluation: 60 calendar days from parental consent for evaluation (Reg. 43-243).
IEP development: 30 calendar days after evaluation determines eligibility (Reg. 43-243; 34 CFR 300.323(c)).
Full evaluation-to-IEP process: up to 90 calendar days from consent (Reg. 43-243).
Transition planning: must begin with the first IEP when the student turns 13 — three years earlier than the federal minimum of age 16 (Reg. 43-243, Section III.G; S.C. Code Ann. § 59-33-360).
Age of majority: 18; rights-transfer notification must appear on or before the student's 17th birthday (S.C. Code Ann. § 59-33-320).
FAPE: ages 3 through 21; September 1 cutoff — if the student turns 21 after September 1, must be allowed to complete the school year (Reg. 43-243).
Due process two-tier system: resolution meeting within 15 days, 30-day resolution period, 45-day first-tier decision, 10-day appeal window, 30-day second-tier SCDE decision, 90-day court appeal window (Reg. 43-243; 34 CFR 300.510, 300.515).
Key Timelines
Initial evaluation: 60 calendar days from parental consent for evaluation (Reg. 43-243).
IEP development: 30 calendar days after evaluation determines eligibility (Reg. 43-243; 34 CFR 300.323(c)).
Annual IEP review: every 12 months (34 CFR 300.324(b)).
Triennial reevaluation: at least every 3 years (34 CFR 300.303).
Transition planning: begins at age 13 (Reg. 43-243, Section III.G).
Rights-transfer notification: on or before the 17th birthday (S.C. Code Ann. § 59-33-320).
Educational representative designation: must begin 60 calendar days before 18th birthday (S.C. Code Ann. § 59-33-340).
State complaint resolution: 60 calendar days (34 CFR 300.152(a)).
Due process resolution meeting: 15 calendar days; resolution period: 30 calendar days; first-tier decision: 45 calendar days; appeal to SCDE: 10 calendar days; SCDE decision: 30 calendar days; court appeal: 90 calendar days (Reg. 43-243; 34 CFR 300.510, 300.515).
FAPE ends when student graduates with regular diploma or turns 21 (September 1 cutoff) (Reg. 43-243).