IEP Service Delivery in Virginia
How are IEP services delivered in Virginia?
Virginia requires that all related services specified in the IEP be delivered by qualified personnel and documented with specific frequency, duration, and location (8VAC20-81-110.G.7). Speech-language pathology services must be provided by a licensed Speech-Language Pathologist (SLP), and occupational therapy (OT) and physical therapy (PT) services must be provided by licensed occupational therapists or physical therapists respectively under Virginia licensure requirements (Code of Virginia § 54.1). Virginia does not set specific group size limits for related services in regulation, but the IEP team determines the appropriate service delivery model (individual, small group, consultative, or integrated) based on the student's needs. Under 8VAC20-81-40, Virginia establishes staffing requirements for special education personnel. School divisions may contract with outside agencies or practitioners to provide related services when they cannot provide them directly (8VAC20-81-100). Any change to the type, frequency, duration, or delivery model of services constitutes an IEP revision requiring parental consent under Virginia's heightened standard (8VAC20-81-170.E.1.d). Virginia regulations require that when OT or PT is provided as a related service, it must be designed to enhance the student's ability to function in the educational setting, not to replicate clinical or medical therapy (8VAC20-81-10; 34 CFR 300.34). The initial evaluation must be completed within Virginia's 65-business-day timeline to establish service needs (8VAC20-81-60.B.1.g).
What Virginia Requires
Related services must be delivered by qualified, licensed professionals as defined by Virginia licensure requirements (8VAC20-81-40; Code of Virginia § 54.1).
The IEP must specify the delivery model (individual, group, consultative) for each service, along with frequency, duration, and location (8VAC20-81-110.G.7).
OT and PT provided as related services must focus on enhancing the student's ability to function in the educational setting (8VAC20-81-10; 34 CFR 300.34).
Any change to the type, amount, or delivery model of services constitutes an IEP revision requiring parental consent (8VAC20-81-170.E.1.d).
School divisions may contract with outside providers when they cannot provide services directly, at no cost to the family (8VAC20-81-100).
Key Timelines
Services must begin on the projected start date in the IEP and continue as specified (8VAC20-81-110.G.7; 34 CFR 300.323(a)).
Service delivery is reviewed at least annually at the IEP meeting; changes require parental consent (8VAC20-81-110.B.5; 8VAC20-81-170.E.1.d).
Evaluations to determine the need for related services must be completed within the 65 business day timeline (8VAC20-81-60.B.1.g for initial; 8VAC20-81-70.H.2 for reevaluations).