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South · VA

Virginia special education IEP compliance and timelines

Governing regulations: 8VAC20-81 (Regulations Governing Special Education Programs for Children with Disabilities in Virginia). State education agency: Virginia Department of Education.

Initial evaluation
Evaluations must be completed and eligibility determined within 65 business days of the special education administrator or designee receiving the referral, not the date of consent. Local school divisions may set a shorter deadline.
Initial IEP meeting
A meeting to develop the IEP must be held within 30 calendar days of the eligibility determination. (8VAC20-81-110; 34 CFR § 300.323(c)(1))
Annual review
At least once a year (8VAC20-81-110; 34 CFR § 300.324(b)(1)).
Reevaluation
At least every 3 years, and not more than once a year unless the parent and division agree (8VAC20-81-70).
Transition planning
Must be in effect by age 14, earlier than the federal age of 16.
Academic standards
Virginia Standards of Learning
IEP forms & systems
No single mandated statewide IEP software. VDOE publishes guidance and sample forms, and school divisions use their own IEP platforms.

Where Virginia differs from the federal baseline

  • The initial timeline is 65 business days and starts when the special education administrator or designee receives the referral, not when the parent signs consent (8VAC20-81-60).
  • Local school divisions may adopt a deadline shorter than 65 business days, as authorized by 2023 legislation.
  • Transition planning begins with the first IEP in effect when the child turns 14, or younger if appropriate (8VAC20-81-110).
  • Written parental consent is required before the initial IEP is implemented and, under Virginia's regulations, before changes to services in a revised IEP (8VAC20-81-170).

Current monitoring priorities

  • Compliance with the 65 business day referral-to-eligibility timeline (Indicator 11)
  • Secondary transition IEP content beginning at age 14 (Indicator 13)
  • Restraint and seclusion practices and reporting
Virginia Department of Education

VA IEP compliance checklist

  1. 01Signed consent date recorded; evaluation due within 65 business days.
  2. 02Eligibility determined and initial IEP meeting scheduled: A meeting to develop the IEP must be held within 30 calendar days of the eligibility determination.
  3. 03PLAAFP includes measurable baselines and a statement of how the disability affects involvement in the general curriculum (34 CFR § 300.320(a)(1)).
  4. 04Each annual goal is measurable, with condition, behavior, criterion and measurement method (§ 300.320(a)(2)).
  5. 05Progress reporting schedule stated for each goal (§ 300.320(a)(3)).
  6. 06Transition goals and services in effect by age 14 where applicable.
  7. 07Prior Written Notice issued for every proposal or refusal, with all seven § 300.503(b) elements.
  8. 08Annual review scheduled within 365 days; reevaluation within 3 years.
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