Timeline for transition to district — The Bump
Special Needs

Timeline for transition to district

So I met with the district for a transition meeting back in April and they said they were going to evaluate my son over the summer 3 in early Sept.
So far we have only done a health screening. When I called today they told me they don't know when they will be calling to evaluate and that the 60 days doesn't apply to school break ie summer.
So my questions are when do these evaluations legally have to happen I signed the assessment plan in early April and does the district need to legally start services by my sons 3rd birthday?

Thank you!

Re: Timeline for transition to district

  • Hi--

    What state do you live in? I'm a service coordinator in the Early Intervention program in NJ, and as far as I am aware, the timeline certainly DOES continue/apply during a school break!

    In NJ, a school district has 90 days to complete the evaluation & IEP process after a parent signs consent at that first meeting. If the referral letter was sent in prior to or around this 90 days period, legally, yes the school is required to start services on the child's third birthday. This is as long as the parent has completed the registration process & completed all required immunizations, etc.

    While there may be some variations from state to state, these are federal laws. Did the school provide you with your parental rights in special education? If not, look it up for your states online. Some schools will try to get around some of these timelines, but don't let them! Read up on your rights and make sure they know you are aware of them.

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  • Hello, I am a Special Ed teacher and hopefully I can answer your question. In California, the 60 day timeline begins once the assessment plan is signed. Any breaks over 5 days (such as winter break or sometimes spring break) are not counted in those 60 days.  Summer makes things interesting - if there are less than 60 days left in the school year when an AP is signed, the IEP must be held within the first 30 days of school.  Regardless of when the AP was signed. If the AP was signed with 20 days left or the last day of school, you have the first 30 days of school to hold the IEP.  If I had an AP singed in April I would have tried very hard to have the IEP before school got out in mid June. I hate when things drag out over the summer. 

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  • imagepinkshoes1975:

    Hello, I am a Special Ed teacher and hopefully I can answer your question. In California, the 60 day timeline begins once the assessment plan is signed. Any breaks over 5 days (such as winter break or sometimes spring break) are not counted in those 60 days.  Summer makes things interesting - if there are less than 60 days left in the school year when an AP is signed, the IEP must be held within the first 30 days of school.  Regardless of when the AP was signed. If the AP was signed with 20 days left or the last day of school, you have the first 30 days of school to hold the IEP.  If I had an AP singed in April I would have tried very hard to have the IEP before school got out in mid June. I hate when things drag out over the summer.

    I totally missed that your child turns 3 in early September.  Our department will pay teachers and other staff (mostly early childhood sped) to do assessments during the summer if needed.  This is most common for children turning 3 at the very beginning of the school year.  After that, we try and move up Triennial dates to the end of the school year for late August, early September birthdays. 

    Like the PP stated, they should have sent your parental rights or procedural safeguards.  If not, they are easy to find online.  Don't be afraid to call them out if they are making an error.  Good luck!

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  • Thank you both for your replies. I counted about 47 school days from the time it was signed until the end of the school year. Btw we are in California. So does this mean they have 30 days from start of the school year or 13 days? And in this amount of time both the evals and IEP need to be held?
    How does it work if there's a gap in services? For example when he ages out of EI at 3 and doesn't have an IEP until later in the month...should he still get services until the district picks up?
  • Oh, and is it 60 school days or 60 days? I have the rights that they gave me here and it just says 60 days...
  • I agree with PP, but it does depend on where you live.  As far as gap in services, I was told that since my son turned 3 in June and the school year doesn't start til Aug that he would not get any services during this time, and hasn't.  Which sucks that he will miss 2 months of therapies.  I tried to get private therapies but the wait time and approval time takes too long and I would just get him started and then have to quit.  It's a no win situation.  Good luck and hope you get answers. 
  • imagemamantraining:
    Oh, and is it 60 school days or 60 days? I have the rights that they gave me here and it just says 60 days...

    The 30 day timeline begins again the first day of school and I am fairly certain they have the full 30 days.  It is 60 days and 30 days including weekends and shorter breaks.  There might be a short break in services depending on when the meeting gets scheduled.  I would make sure that you are documenting your attempts to get the assessment completed by your child's 3rd birthday.  Emails are a great way to do that.  You may start getting more responses once August comes.  I try my best to not respond to any school emails until August.  I try to enjoy my summer break and focus on my own little peanut for a few weeks.  

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