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(2.4) My child’s school is on a year-round schedule, but I was told that they didn’t have to test my child in July or August. Is that true?

(2.4) My child’s school is on a year-round schedule, but I was told that they didn’t have to test my child in July or August. Is that true?

No. However, the law says that an IEP must be developed by the school within 60 days of receiving the parent’s consent to testing, not counting days between regular school sessions, terms, or days of school vacation in excess of five (5) schooldays. [Cal. Ed. Code Sec. 56344(a).]  If a child is referred to special education 30 or less days before the end of a school year, the district must hold a meeting to develop an IEP within 30 days after the beginning of the next school year. [Cal. Ed. Code Sec. 56344(a).] This means that the school must present the parent with an assessment plan, obtain the parent’s consent to the testing, conduct the testing, and hold the IEP meeting within whatever days remain in the previous school year plus 30 days in the new school year. Because of this tight timeline, testing may have to be conducted in July or August. For year-round-school students, if a school year ends in June, for example, and begins again in July, testing may have to begin in July so the process will be completed within 30 days of the start of that new school year.