IEP Timelines in West Virginia
What are the IEP timelines in West Virginia?
West Virginia's special education timeline requirements are established primarily in W. Va. C.S.R. § 126-16. The most significant state-specific timeline is the 60-calendar-day evaluation timeline from written parental consent for initial evaluation (W. Va. C.S.R. § 126-16-6.3.1), which is the state's chosen timeline under 34 CFR 300.301(c)(1). Other key timelines include: the initial IEP must be developed within 30 days of eligibility determination; the annual IEP review must occur at least annually; triennial reevaluation must occur every three years; transition planning must begin by age 16; rights transfer notification must occur by age 17 (one year before majority); and FAPE extends through age 21. For dispute resolution: state complaints must be resolved in 60 calendar days; due process resolution meetings must occur within 15 days; the resolution period lasts 30 days; and hearing decisions must be issued within 45 days of the resolution period's expiration.
What West Virginia Requires
Initial evaluation: 60 calendar days from written parental consent — West Virginia's state-specific timeline (W. Va. C.S.R. § 126-16-6.3.1).
Initial IEP: must be developed within 30 days of the eligibility determination (34 CFR 300.323(c)).
Annual IEP review: at least annually (W. Va. C.S.R. § 126-16-7.3).
Triennial reevaluation: at least every three years unless parent and LEA agree it is unnecessary (W. Va. C.S.R. § 126-16-6.4.1; 34 CFR 300.303(b)).
Transition planning: must begin no later than the first IEP in effect when the student turns 16 (W. Va. C.S.R. § 126-16-7.2; 34 CFR 300.320(b)).
Age of majority notification: must occur no later than one year before the student turns 18 (W. Va. Code § 18-20-8; W. Va. C.S.R. § 126-16-12.3).
FAPE: through age 21 or regular diploma, whichever comes first (W. Va. Code § 18-20-1).
State complaint: WVDE must resolve within 60 calendar days of receipt (W. Va. C.S.R. § 126-16-13.3; 34 CFR 300.152).
Due process resolution meeting: within 15 days; resolution period: 30 days; hearing decision: within 45 days of resolution period expiration (34 CFR 300.510, 300.515).
Manifestation determination review: within 10 school days of disciplinary change of placement decision (W. Va. C.S.R. § 126-16-10.3; 34 CFR 300.530(e)).
Key Timelines
Evaluation consent to eligibility determination: 60 calendar days (W. Va. C.S.R. § 126-16-6.3.1).
Eligibility to initial IEP: 30 days (34 CFR 300.323(c)).
Annual IEP review: every 12 months (W. Va. C.S.R. § 126-16-7.3).
Triennial reevaluation: every 3 years (W. Va. C.S.R. § 126-16-6.4.1).
Transition planning begins: at age 16 at latest (W. Va. C.S.R. § 126-16-7.2).
Rights transfer notification: by age 17 (W. Va. Code § 18-20-8).
FAPE extends through: age 21 (W. Va. Code § 18-20-1).
State complaint resolution: 60 calendar days (W. Va. C.S.R. § 126-16-13.3).
Due process resolution meeting: 15 days from LEA receipt of complaint (34 CFR 300.510(a)).
MDR: 10 school days from disciplinary change of placement decision (W. Va. C.S.R. § 126-16-10.3).