IEP Timelines in Virginia

What are the IEP timelines in Virginia?

Virginia has specific timelines for all major special education processes, many of which differ from federal baselines. The initial evaluation must be completed within 65 business days from receipt of referral (8VAC20-81-60.B.1.g)—Virginia's use of business days rather than calendar days or school days is a distinctive feature that makes this timeline functionally longer than the federal 60-calendar-day guideline. The evaluation report must be available to parents at least 2 business days before the eligibility meeting (8VAC20-81-70.D). A written evaluation report must be provided within 10 days of the meeting (8VAC20-81-70.D.1). The initial IEP must be developed within 30 calendar days of determining the child needs services (8VAC20-81-110.B.2.b). IEPs must be reviewed at least annually (8VAC20-81-110.B.5). A copy of the IEP must be provided to parents within 10 calendar days of the meeting (8VAC20-81-110.E.7). Draft IEPs must be shared at least 2 business days before a meeting (8VAC20-81-110.B.8). Triennial reevaluation must be completed before the third anniversary of last eligibility (8VAC20-81-70.H.1). Transition planning begins at age 14 (8VAC20-81-110.G.10). Age of majority notification at least 1 year before age 18 (8VAC20-81-110.G.11); all rights transfer at age 18 (8VAC20-81-180). State complaints resolved within 60 calendar days (8VAC20-81-200.D.4.c). Due process resolution meeting within 15 days; hearing decision within 45 calendar days after 30-day resolution period (8VAC20-81-210.Q). Expedited hearing within 20 school days with decision within 10 school days (8VAC20-81-210.R). MDR within 10 school days of removal decision (8VAC20-81-160.D.2). Records copies within 45 calendar days (8VAC20-81-170.G). FAPE through age 21; services terminate upon reaching age 22 (Code of Virginia § 22.1-213; 8VAC20-81-90).