IEP Evaluation Process in West Virginia
How long does West Virginia have to complete an IEP evaluation?
West Virginia requires that initial evaluations for special education eligibility be completed within 60 calendar days of receiving written parental consent for the evaluation (W. Va. C.S.R. § 126-16-6.3.1). This 60-calendar-day timeline is established by state rule and is more specific than the federal baseline, which allows states to set their own timelines (34 CFR 300.301(c)). The evaluation must be conducted by a multidisciplinary evaluation team (MET) using a variety of technically sound instruments and strategies designed to assess the student in all areas related to the suspected disability (W. Va. C.S.R. § 126-16-6.1). The evaluation must assess the student in all relevant functional, developmental, and academic areas; no single measure may be used as the sole criterion for eligibility (W. Va. C.S.R. § 126-16-6.1.2). Evaluations must be conducted in the student's native language or other mode of communication (W. Va. C.S.R. § 126-16-6.1.3). Reevaluations must be conducted at least every three years (triennial review) unless the parent and LEA agree it is unnecessary, and must be conducted before determining that the student is no longer a student with a disability (W. Va. C.S.R. § 126-16-6.4.1).
What West Virginia Requires
Initial evaluations must be completed within 60 calendar days of receiving written parental consent — West Virginia's state-specific timeline (W. Va. C.S.R. § 126-16-6.3.1).
The evaluation must be conducted by a multidisciplinary evaluation team (MET) and must assess the student in all areas related to the suspected disability, not just academic achievement (W. Va. C.S.R. § 126-16-6.1; 34 CFR 300.304(c)).
A variety of technically sound instruments and strategies must be used; no single measure or criterion may be used as the sole basis for eligibility (W. Va. C.S.R. § 126-16-6.1.2; 34 CFR 300.304(b)(2)).
Evaluations must be conducted in the student's native language or other mode of communication and administered by trained personnel (W. Va. C.S.R. § 126-16-6.1.3; 34 CFR 300.304(c)(1)(ii)).
Parents must receive a copy of the evaluation report and the eligibility determination at no cost (W. Va. C.S.R. § 126-16-6.3.2; 34 CFR 300.306(a)(2)).
Reevaluations must occur at least every three years and whenever conditions warrant; parental consent is required for reevaluation (W. Va. C.S.R. § 126-16-6.4.1; 34 CFR 300.303).
Key Timelines
Initial evaluation must be completed within 60 calendar days of written parental consent for evaluation — West Virginia's state-established timeline (W. Va. C.S.R. § 126-16-6.3.1).
Triennial reevaluation must occur at least every three years unless the parent and LEA agree it is unnecessary (W. Va. C.S.R. § 126-16-6.4.1; 34 CFR 300.303(b)).
The initial IEP must be developed within 30 days of the eligibility determination (34 CFR 300.323(c)).