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West · MT

Montana special education IEP compliance and timelines

Governing regulations: ARM Title 10, Chapter 16 (ARM 10.16.3101 et seq.); Mont. Code Ann. Title 20, Chapter 7, Part 4. State education agency: Montana Office of Public Instruction.

Initial evaluation
Montana adopts the federal timeline: the comprehensive evaluation is completed within 60 calendar days of receiving written parental consent. ARM 10.16.3320 requires a documented request and consent, then incorporates 34 CFR §§ 300.301 to 300.311.
Initial IEP meeting
A meeting to develop the IEP must be held within 30 calendar days of the eligibility determination, following the federal rule Montana incorporates. (34 CFR § 300.323(c)(1), as incorporated by ARM Title 10, Chapter 16)
Annual review
At least once every 365 days (34 CFR § 300.324(b)(1)).
Reevaluation
At least every 3 years, and not more than once a year unless the parent and LEA agree (34 CFR § 300.303).
Transition planning
Must be in effect by age 16.
Academic standards
Montana Content Standards
IEP forms & systems
No single mandated statewide IEP system. OPI publishes model special education forms, and districts and special education cooperatives choose their own IEP software.

Where Montana differs from the federal baseline

  • A request for initial evaluation must be in writing, state the reasons for the request and document the suspicion that a disability adversely affects educational performance (ARM 10.16.3320).
  • When an LEA initiates the request for an enrolled student, it must document the general education interventions already tried (ARM 10.16.3320(2)(a)).
  • If the LEA denies a request for evaluation, it must give the parent written notice, and the parent may challenge the refusal through a due process hearing (ARM 10.16.3320(3)).
  • Many small and rural Montana districts deliver services through special education cooperatives, so evaluation and IEP responsibilities are often shared across member districts.

Current monitoring priorities

  • Initial evaluation timeline compliance (SPP/APR Indicator 11)
  • Secondary transition IEP content (Indicator 13)
  • Dispute resolution follow-through on state complaint findings
Montana Office of Public Instruction

MT IEP compliance checklist

  1. 01Signed consent date recorded; evaluation due within 60 calendar days.
  2. 02Eligibility determined and initial IEP meeting scheduled: A meeting to develop the IEP must be held within 30 calendar days of the eligibility determination, following the federal rule Montana incorporates.
  3. 03PLAAFP includes measurable baselines and a statement of how the disability affects involvement in the general curriculum (34 CFR § 300.320(a)(1)).
  4. 04Each annual goal is measurable, with condition, behavior, criterion and measurement method (§ 300.320(a)(2)).
  5. 05Progress reporting schedule stated for each goal (§ 300.320(a)(3)).
  6. 06Transition goals and services in effect by age 16 where applicable.
  7. 07Prior Written Notice issued for every proposal or refusal, with all seven § 300.503(b) elements.
  8. 08Annual review scheduled within 365 days; reevaluation within 3 years.
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