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Special Education Law Timelines

Autism Evaluation
The evaluation should be completed within 60 school days unless special circumstances require a longer period.

Prior Written Notice
The request for any changes to an IFSP/IEP by the parent should be made in writing. It might be a good idea to request a Prior Written Notice if the request is denied within a reasonable period of time, like 10 working days. Ensure that specific reason(s) for the denial is in the letter.

Letter of Complaint
The Superintendent shall issue a written decision that addresses each allegation in the complaint and contains findings of fact, conclusions, and reasons for the Department’s final decision. The decision shall be issued within 60 days of receipt of the complaint or amended complaint, unless exceptional circumstances related to the complaint require an extension. Exceptional circumstances include but are not limited to an extension requested or agreed to by the complainant to pursue local investigation/ resolution or mediation.

Request for Judicial review must be filed within 60 days

Corrective action must be implemented within 30 days of the decision

Due Process
Disclose evidence five business days prior to hearing
Hearing decision within 30 days

Records Access for parents
Without unnecessary delay before an IEP, or due process, never more than
45 days from request