IEP Eligibility in Virginia: Who Qualifies?
What qualifies a child for an IEP in Virginia?
Virginia's eligibility criteria for special education are established in 8VAC20-81-80. A determination that a child is eligible must be made on an individual basis by an eligibility group that includes the parent, special education teacher, general education teacher, LEA representative, and a qualified diagnostician (8VAC20-81-80.C.2.b). The group must determine that the child has a disability under one of the 14 recognized categories and that the disability adversely affects educational performance, necessitating special education and related services. A child cannot be determined eligible if the determinant factor is lack of appropriate instruction in reading (including essential components of reading instruction), lack of appropriate instruction in math, or limited English proficiency (8VAC20-81-80.D.4). For specific learning disability, Virginia does not require a severe discrepancy between intellectual ability and achievement; school divisions may use a response-to-intervention (RTI) model or a pattern of strengths and weaknesses approach (8VAC20-81-80.T.3). Observations in the learning environment, including the general education classroom, are required (8VAC20-81-80.D.3). Written parental consent is required for initial evaluation, and again for the initial provision of services after eligibility is determined (8VAC20-81-170.E.1.a, E.1.b). Virginia also requires parental consent before revising an IEP after initial eligibility—a heightened consent standard exceeding federal law (8VAC20-81-170.E.1.d).
What Virginia Requires
Eligibility is determined individually by a group including the parent, teachers, LEA representative, and qualified diagnostician (8VAC20-81-80.C.2.b).
The child must have a disability that adversely affects educational performance and necessitates special education and related services (8VAC20-81-80).
Lack of appropriate instruction in reading or math, or limited English proficiency, cannot be the determinant factor (8VAC20-81-80.D.4).
For SLD, Virginia allows RTI, pattern of strengths/weaknesses, or other research-based methods; severe discrepancy is not required (8VAC20-81-80.T.3).
Observations in the learning environment including general education are required (8VAC20-81-80.D.3).
Written parental consent is required for initial evaluation and for initial provision of services after eligibility (8VAC20-81-170.E.1.a, E.1.b).
Key Timelines
Initial evaluation and eligibility determination must be completed within 65 business days from receipt of referral (8VAC20-81-60.B.1.g); reevaluations follow the same 65-business-day timeline (8VAC20-81-70.H.2).
Timeline may be extended only when parent and eligibility group agree in writing (8VAC20-81-70.H.3).
Evaluation report must be available to parents no later than 2 business days before the eligibility meeting (8VAC20-81-70.D).
Triennial reevaluation must be completed before the third anniversary of the last eligibility determination (8VAC20-81-70.H.1).