IEP Evaluation Process in Virginia

How long does Virginia have to complete an IEP evaluation?

Virginia's evaluation and reevaluation procedures are governed by 8VAC20-81-70. A critical Virginia-specific feature is that the initial evaluation timeline is 65 business days from the date of receipt of the referral (8VAC20-81-60.B.1.g)—uniquely measured in business days rather than calendar days or school days, which is longer than the federal 60-calendar-day guideline. Referrals for initial evaluation may come from school staff, a parent, VDOE, any other state agency, other individuals, or a school-based team (8VAC20-81-60.A.1). Parental consent is required before conducting an initial evaluation (8VAC20-81-60.B.2). The parent and eligibility group may agree in writing to extend the 65-business-day timeline to obtain additional data (8VAC20-81-70.H.3). Exceptions exist when the parent repeatedly fails to produce the child or the child enrolls mid-evaluation. The evaluation must use a variety of assessment tools and strategies, must not use any single measure as the sole criterion, must be technically sound, must be administered by trained and knowledgeable personnel, and must assess all areas of suspected disability (34 CFR 300.304). The evaluation report must be available to parents no later than two business days before the eligibility meeting (8VAC20-81-70.D), and a written copy must be provided at no cost within 10 days of the meeting (8VAC20-81-70.D.1). Reevaluation must occur at least every three years (triennial) and not more than once per year unless parent and agency agree otherwise (8VAC20-81-70.F). For non-triennial reevaluations, the 65-business-day timeline applies (8VAC20-81-70.H.2).