Required IEP Sections in Virginia
What sections are required in an IEP in Virginia?
Virginia IEPs must contain all components required by federal law (34 CFR 300.320) and the Virginia Administrative Code. Under 8VAC20-81-110.G, every IEP must include: (1) a statement of the child's present levels of academic achievement and functional performance in objective, measurable terms (G.1); (2) measurable annual goals, including academic and functional goals (G.2); (3) for students taking alternate assessments (VAAP), benchmarks or short-term objectives (G.3); (4) a statement of the special education, related services, supplementary aids and services, and program modifications based on peer-reviewed research to the extent practicable (G.4); (5) an explanation of the extent to which the child will not participate with nondisabled children (G.5); (6) any individual appropriate accommodations on state and districtwide assessments, or alternate assessment justification (G.6); (7) the projected date for beginning services, frequency, location, and duration (G.7); (8) how progress toward goals will be measured and reported (G.8); (9) for preschool children transitioning to school-age services, transition content (G.9); (10) beginning no later than the first IEP in effect when the child turns 14, measurable postsecondary goals and transition services (G.10)—Virginia's age-14 requirement exceeds the federal age-16 baseline; and (11) beginning no later than one year before the child reaches the age of majority (18), a statement that the child has been informed of rights that will transfer (G.11). Virginia additionally requires that if a draft IEP is prepared before a meeting, it must be provided to parents at least two business days in advance (8VAC20-81-110.B.8), and that parental consent is obtained before revising an IEP (8VAC20-81-170.E.1.d).
What Virginia Requires
The IEP must include present levels of academic achievement and functional performance in objective, measurable terms, including how the disability affects progress in the general education curriculum (8VAC20-81-110.G.1).
Measurable annual goals must be included, and for students who take alternate assessments (VAAP), the IEP must include benchmarks or short-term objectives (8VAC20-81-110.G.2-G.3).
A statement of special education, related services, supplementary aids, program modifications, and supports based on peer-reviewed research to the extent practicable must be provided (8VAC20-81-110.G.4).
For statewide assessments (SOL), the IEP must specify accommodations or explain why the child will take an alternate assessment and which one (8VAC20-81-110.G.6).
Beginning no later than the first IEP in effect when the child turns 14, the IEP must include transition planning with measurable postsecondary goals and transition services (8VAC20-81-110.G.10)—two years earlier than the federal requirement.
Draft IEP, if prepared before the meeting, must be provided to parents at least two business days in advance (8VAC20-81-110.B.8).
Parental consent is required before revising the IEP; this Virginia-specific requirement exceeds federal law (8VAC20-81-170.E.1.d).
Key Timelines
Initial IEP must be developed within 30 calendar days of determining the child needs special education services (8VAC20-81-110.B.2.b).
Following a reevaluation, a new IEP must be developed within 30 calendar days if changes are needed (8VAC20-81-110.B.2.b).
IEP must be reviewed and revised at least annually (8VAC20-81-110.B.5; 34 CFR 300.324(b)).
A written copy of the IEP must be provided to parents within 10 calendar days of the IEP meeting (8VAC20-81-110.E.7).
Draft IEP must be provided to parents at least two business days before the IEP meeting if one is prepared (8VAC20-81-110.B.8).