The timelines, deadlines, and rights that apply to YOUR child's IEP in Montana — in plain language, with the actual law attached. Verified citations, no legalese, no paywall on knowledge.
Federal law (IDEA) sets the floor; Montana sets some of its own clocks. These are the ones parents use most:
60 calendar days from receipt of parental consent to complete evaluation and determine eligibility.
Montana does not specify a separate response timeline beyond the federal requirement.
30 calendar days after eligibility determination, the IEP must be developed.
Written complaint filed with OPI. Must include specific allegations and supporting facts. — Montana Office of Public Instruction, Special Education Division. File violation must have occurred within 1 year of filing date. Resolved in 60 calendar days from receipt of complaint.
Resolution session: Within 15 days of due process complaint filing. Hearing decision: 45 days after resolution period ends. Montana uses hearing officers for due process..
Tip: every one of these clocks starts with something in writing. Emails count. Phone calls don't.
Montana's IEP and placement rule. It adopts the federal IEP regulations (34 CFR 300.320-300.328) and the federal least-restrictive-environment regulations (34 CFR 300.114-300.118) by reference — Montana's IEP requirements ARE the federal requirements, word for word. That includes the federal 30-days-after-eligibility IEP meeting rule (34 CFR § 300.323(c)). Current through the June 6, 2025 register.
What this means for you: Montana adopts the federal IEP rules by reference — everything in 34 CFR 300.320-300.328 applies verbatim. Placement must follow the federal LRE regulations (34 CFR 300.114-300.118). That includes the federal 30-days-after-eligibility IEP meeting rule (34 CFR § 300.323(c)). Parents, Let's Unite for Kids (PLUK) is the MT state PTI.
Montana special-education entitlement statute. Establishes FAPE for children with disabilities ages 3-19. Montana has unique provisions for tribal school coordination — special-ed services on reservations involve federal, state, and tribal authorities.
What this means for you: MT services ages 3-19 — one of the most restrictive age caps. MT tribal school coordination required — Montana has 7 federally recognized tribes. MT Parents Let's Unite for Kids (PLUK) is the state PTI. MT 60 calendar days for evaluation.
Montana PTI providing free training, information, and support to families of children with disabilities statewide since 1984.
📞 (800) 222-7585
Special Education Division
📞 (406) 444-5661
The official Montana complaint process — use it when the school isn't following the IEP or the law.
Montana protection & advocacy organization — legal advocacy for people with disabilities.
📞 (406) 449-2344
In Montana: 60 calendar days from receipt of parental consent to complete evaluation and determine eligibility.. (Context: federal law sets a default of 60 calendar days from parental consent — 34 CFR § 300.301(c) — and allows each state to set its own timeframe. Montana's rule is the one that applies.)
Montana does not specify a separate response timeline beyond the federal requirement.
Written complaint filed with OPI. Must include specific allegations and supporting facts. — Montana Office of Public Instruction, Special Education Division. Time limit: Violation must have occurred within 1 year of filing date. Resolution: 60 calendar days from receipt of complaint.
Yes. Parents Let Us Unite for Kids (PLUK) is Montana's federally funded Parent Training and Information center — free help for families — (800) 222-7585.
Ask Know Your Rights any Montana IEP question in plain language, free. And before the school year starts, run the free Fall IEP Audit — it grades last spring's IEP so you know exactly what to push on.
Ask Know Your Rights → Run the Free Fall AuditShort, practical, from a mom who's been in that chair — a script to use, a right to know, a deadline to watch. No spam, never sold, unsubscribe anytime.