IEP Timelines in Texas
What are the IEP timelines in Texas?
Texas special education law imposes numerous specific timelines with precisely defined day types. Understanding these timelines is critical for compliance. Referral and Evaluation: When a parent submits a written request for initial evaluation, the LEA must respond within 15 school days with prior written notice proposing or refusing the evaluation (19 TAC §89.1011(b); TEC §29.004). Once written parental consent is obtained, the FIIE report must be completed within 45 school days, with 'school day' meaning any instructional day between the first and last day of school (19 TAC §89.1011(d); TEC §29.004). If the student is absent 3+ school days during the evaluation period, the timeline extends by the number of absences (19 TAC §89.1011(d)(1)). End-of-year exception: if consent is received 35-44 school days before the last instructional day, the report must be provided by June 30 and the ARD must meet by the 15th school day of the next school year (19 TAC §89.1011(e)). ARD Meetings: The ARD must convene within 30 calendar days of the completed FIIE report (19 TAC §89.1011(g); 19 TAC §89.1050). Prior written notice of ARD meetings must be provided at least 5 school days in advance (19 TAC §89.1050(d)). If mutual agreement is not reached, the ARD may recess and reconvene within 10 school days (19 TAC §89.1055(p)(1)). Annual review must occur at least once per year (34 CFR 300.324(b)(1)). Transfer Students: For in-state and out-of-state transfers, the receiving district must provide comparable services immediately and develop/adopt/implement a new IEP within 20 school days from verification of prior eligibility, if no new evaluation is needed (19 TAC §89.1050). If a new evaluation is needed for out-of-state transfers, the FIIE timelines apply (19 TAC §89.1011). Reevaluation: Must occur at least every 3 years unless waived by mutual agreement; may not occur more than once per year unless agreed (34 CFR 300.303(b)). Due Process: Statute of limitations is 2 years (19 TAC §89.1151(a)). Resolution meeting within 15 calendar days of complaint (34 CFR 300.510(a)). Resolution period is 30 calendar days (34 CFR 300.510(b)). Hearing decision within 45 calendar days after resolution period (34 CFR 300.515(a)). Appeal to court within 90 calendar days (19 TAC §89.1185(a)). State Complaints: Filed within 1 year of violation (34 CFR 300.153(c)). TEA resolves within 60 calendar days (34 CFR 300.152(a)). IEP Facilitation: Request within 10 calendar days of disputed ARD; TEA responds within 5 business days (TEC §29.020). Discipline: Manifestation determination within 10 school days of placement change decision (34 CFR 300.530(e)). IAES for special circumstances up to 45 school days (34 CFR 300.530(g)). Expedited hearings: decision within 20 school days of request, rendered within 10 school days after hearing (34 CFR 300.532(c)).
What Texas Requires
All evaluation and ARD timelines use 'school days' defined as instructional days between first and last day of school, excluding summer (TEC §29.004)
Due process and state complaint timelines use 'calendar days' as specified in federal regulations (34 CFR Part 300)
Transfer timeline changed from 30 to 20 school days for developing new IEP when no evaluation needed (19 TAC §89.1050, 2023 amendment)
Statute of limitations for due process changed from 1 year to 2 years effective September 1, 2022 (19 TAC §89.1151(a))
End-of-year FIIE exception creates dual deadline: report by June 30, ARD by 15th school day of next year (19 TAC §89.1011(e))
Prior written notice 5-school-day requirement is Texas-specific beyond federal minimum (19 TAC §89.1050(d))
Key Timelines
15 school days: LEA response to written parent evaluation request (19 TAC §89.1011(b))
45 school days: FIIE completion from written consent (19 TAC §89.1011(d))
June 30: end-of-year FIIE report deadline when consent received 35-44 school days before last day (19 TAC §89.1011(e))
15 school days: ARD meeting after June 30 report, by 15th school day of next year (19 TAC §89.1011(e))
30 calendar days: ARD must convene after FIIE report completion (19 TAC §89.1011(g))
5 school days: advance notice for ARD meetings (19 TAC §89.1050(d))
10 school days: recess-reconvene period for disputed ARD (19 TAC §89.1055(p)(1))
20 school days: new IEP development for transfer students when no evaluation needed (19 TAC §89.1050)
3 years: maximum interval between reevaluations (34 CFR 300.303(b))
2 years: statute of limitations for due process complaints (19 TAC §89.1151(a))
15 calendar days: resolution meeting after due process filing (34 CFR 300.510(a))
30 calendar days: resolution period (34 CFR 300.510(b))
45 calendar days: hearing decision after resolution period (34 CFR 300.515(a))
90 calendar days: appeal to court after hearing decision (19 TAC §89.1185(a))
1 year: limitation period for state complaints (34 CFR 300.153(c))
60 calendar days: TEA state complaint resolution (34 CFR 300.152(a))
10 calendar days: request TEA IEP facilitation after disputed ARD (TEC §29.020)
5 business days: TEA response to facilitation request (TEC §29.020)
10 school days: manifestation determination after discipline placement change (34 CFR 300.530(e))
45 school days: maximum IAES for weapons, drugs, serious bodily injury (34 CFR 300.530(g))