Summary of Special Education Timelines

“Day” means a calendar day unless otherwise noted. 

All timing is found in “Special Education Programs and Services,” as adopted by the Tennessee Board of Education on 8-10-07.

Action

Timeline

Time Counted From

Exceptions to the Timeline/Other Comments

Initial evaluation

40 school days

Date of informed parent consent to test

The support team may be the IEP team.  Both should include general and special education teachers as well as related service providers. Tests selected should accurately assess aptitude and achievement levels.  Placement decisions can’t be based on any single test.

IEP initiation meeting

10 days

Date of invitation letter (if going from school to guardian) or from the date of the guardians’ letter (if they are initiating the meeting)

Parents may waive 10 days or request a later meeting date.

Parents may be given a little as 24 hours notice for a misconduct-driven IEP meeting [34 CFR 300.530(e)].

Age span of SpEd services eligibility

3rd birthday through the school year the student turns 22

student’s birth date and system’s school year

Federal rule says 3 to 21 years of age for SpEd services

Transition planning for 2 year olds starting public school at 3

90 days before 3rd birthday

Backward from birthday

IEP has to be written prior to placement date

IEP Implementation

Immediately if all IEP team members agreed to placement

IEP meeting

Document any failure to implement the IEP once the meeting has occurred.  In the case of disagreement, the placement/eligibility may be frozen for 14 days to allow the parents time to request a due process hearing.

Review of student’s special education program, appropriateness of placement, and revisions

At least annually or upon parents’ written request

Last IEP Meeting

 

Use of foster parent at IEP meeting

must have had an ongoing relationship with the child for 1-year prior to the IEP meeting

whatever constitutes the start of the “ongoing relationship”

Biological/natural parents have to have terminated their right to address the child’s educational needs.

The foster parent can’t have a conflict of interest (such as being a school system employee or relative of the biological parent).

These provisions do not include adoptive or surrogate parents.

Other-than-annual IEP meeting

10 school days

From the written request for the meeting

Can be called by any IEP team member if student lack of progress or other reasons warrant

Prior written notice of change in placement

10 school days before proposed action

Date written notice is given to guardians

10 school days does not apply if the placement is remaining the same

Homebound placement

30 school days

start of homebound services

Medical necessity or other extensions have to be reviewed every 30 school days

Reassessment

3 years

Date of current assessment/reassessment

May be more frequent if the situation warrants

Statement of transition service needs (4-year plan)

First IEP prior to 14th birthday or 9th grade entry, annually thereafter

Date of last IEP meeting

IEP team may begin this process earlier if they prefer

Statement of transition services, interagency responsibilities, and linkages.

First IEP meeting after 16th birthday, annually thereafter

Date of last IEP meeting

IEP team may begin this process earlier if they prefer

Removal of SpEd student for school rules violation

Up to 10 school days

 

Removal may not constitute a change in placement nor may it exceed 10 days during the same school year without SpEd services being provided.

The IEP team will need to either create or revise the student’s Behavioral Intervention/Support Plan.

Removal to an interim alternative education setting

Up to 45 school days

Date of placement in IAES

Number of days should match nonSpEd students’ punishment for the same offense.  Tennessee uses the federal rule for this one.  It isn’t addressed in the state rule.