Special education has a lot of clocks. Some are set by federal law (IDEA). Many states add their own, often shorter, timelines, and some count school days instead of calendar days. This page covers the federal baseline. Always check your state's special education rules too.
States vary. Where federal law says "or within a timeline set by the state," your state's rule is the one that applies. Your state department of education and your local Parent Training and Information Center can tell you the exact rules.
The main federal timelines
| What | Federal deadline | Source |
|---|---|---|
| Initial evaluation | Within 60 days of the school receiving your written consent, or within the state's timeline | 34 CFR §300.301(c) |
| First IEP meeting | Within 30 days of the decision that your child is eligible | 34 CFR §300.323(c) |
| Services start | As soon as possible after the IEP is developed | 34 CFR §300.323(c) |
| IEP in effect | At the start of each school year | 34 CFR §300.323(a) |
| Annual review | At least once a year | 34 CFR §300.324(b) |
| Reevaluation | At least once every 3 years (unless you and the school agree it isn't needed), and not more than once a year unless you agree | 34 CFR §300.303 |
| Progress reports | As described in the IEP (for example, with report cards) | 34 CFR §300.320(a)(3) |
| Transition planning | In the first IEP in effect when your child turns 16 (or younger if the team or state decides) | 34 CFR §300.320(b) |
| Early intervention to preschool | An IEP (or IFSP) in place by your child's 3rd birthday | 34 CFR §300.124 |
| Access to records | Without unnecessary delay, before any IEP meeting or hearing, and no more than 45 days after your request | 34 CFR §300.613 |
What each one means
The 60-day evaluation clock
The clock starts when the school gets your signed consent, not when you first asked. That's why it helps to request the evaluation in writing and sign the consent promptly. There are a few exceptions, such as if a child moves to a new district during the evaluation, or if the parent repeatedly doesn't make the child available.
The 30-day IEP meeting
Once your child is found eligible, the team has 30 days to hold a meeting to write the IEP. Services should start as soon as possible after that.
The annual review
The IEP team must review the IEP at least once a year to see whether goals are being met, and revise it as needed. You can ask for a meeting sooner at any time. You and the school can also agree to make some changes without a full meeting, in writing.
The 3-year reevaluation
Your child must be reevaluated at least every three years, unless you and the school agree it's not needed. You can also ask for a reevaluation sooner if you think your child's needs have changed (generally not more than once a year, unless the school agrees).
Dispute timelines
If you and the school disagree, IDEA gives you options. These also have deadlines.
- State complaint: must be about a violation that happened no more than one year before the complaint is received. The state generally has 60 days to issue a decision.
- Due process complaint: generally must be filed within two years of when you knew or should have known about the problem, unless your state sets a different limit.
- Resolution meeting: within 15 days of the school receiving your due process complaint (unless you both agree to waive it or use mediation).
- Resolution period: 30 days. If it isn't resolved, the hearing decision is due within 45 days after the resolution period ends (extensions can be granted).
- Mediation: voluntary and free to parents, and available any time.
What about 504 plans?
Section 504 has fewer specific federal timelines. The regulations require evaluation before an initial placement, periodic reevaluation, and procedural safeguards, and many districts set their own timelines. A complaint to the Office for Civil Rights generally must be filed within 180 days. See our 504 plan guide.
Let the app count the days
Tiny Advocate's Deadlines screen finds dates in your papers, counts the rest by your state's rules, and can link them to your calendar. Try it in the demo.
Not legal advice. This page shares general information about federal law. It is not legal advice. Rules vary by state and district. For help with your situation, contact your state's Parent Training and Information Center or a special education attorney or advocate.
Sources
- IDEA regulations, 34 CFR §300.301
- IDEA regulations, 34 CFR §300.303
- IDEA regulations, 34 CFR §300.323
- IDEA regulations, 34 CFR §300.324
- IDEA regulations, 34 CFR §300.320
- IDEA regulations, 34 CFR §300.124
- IDEA regulations, 34 CFR §300.613
- IDEA regulations, 34 CFR §300.507
- IDEA regulations, 34 CFR §300.510
- IDEA regulations, 34 CFR §300.515
- IDEA regulations, 34 CFR §300.152
- IDEA regulations, 34 CFR §300.153
- IDEA regulations, 34 CFR §300.506
- 34 CFR §100.7 (OCR complaint time limit; applies to Section 504 via §104.61)
- IDEA website, U.S. Department of Education (idea.ed.gov)