IEP while out for summer?


New Member
Is it possible to get an IEP for next year while school is out? I would like difficult child to start on the right foot next year. Thanks!


Well-Known Member
Staff member
I'm sure Sheila and Martie will be by to give you specifics on the law but from a practical point of view, I don't see how you could get enough teachers together to hold the IEP.

In my state, teachers sign a contract to work 190 days a year. We are only paid for those days (although the salary for those 190 days is divided into 12 paychecks to make it easier to budget which leads to the common misconception that teachers are paid when they are off for the summer).

The only year round employee at my school is the principal. Even the assistant principals only work on 11 month contracts.

I would think it would be unreasonable to demand that teachers are available for IEP's during a time that they are not contracted to work. Not to mention many go off on vacations all over the country and it would not be reasonable to expect them to cut short a vacation to somewhere like the Grand Canyon to be available for an IEP.

How about the week before school starts? Teachers are paid to work the week before school starts to get ready for school.

I know that the IDEA act says that IEP meetings don't have to take place during the school day but there surely must be a test of reasonableness. Otherwise a parent that works the night shift could demand that the teachers meet at 3:30 a.m. when the parent gets off of work.

I'm quite sure that they wouldn't be able to get anyone to show up and I can't believe that an advocate or judge anywhere would back them up.

Is your school already out for the summer? Could it be done at the end of the school year and be put in place for next year?



This is not a short process. The sd has 60 days to perform the evaluations. I can't remember right this red hot minute, but I think they still have an additional 30 days to write the report and hold the eligibility meeting. If you can get your request in quickly, it might just work out to have the IEP eligibility meeting just prior to school starting in the Fall.

Be sure and send the request via Certified Mail. The CM starts the clock ticking.

However, if your district's administration office is open during the summer, then it is reasonable to expect that you can get the process started now. If school is already out (or will be out shortly) and the Administration office is not open during the summer, then the evaluations can't even begin until the Fall Semester.


New Member
My understanding is that the SD has 35 school days to complete an initial evaluation or out of cycle evaluation. Once the evaluation is completed the SD has to make any appropriate changes to an IEP within 30 CALENDAR days.

I purposely held off on pushing through an evaluation/IEP until the beginning of the next school year (My difficult child has a 504 atm) in order to have the new school team participate in its development. Ownership of the evaluation/IEP process can often be the difference between good implementation or sloppy implimentation of an IEP.