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South · WV

West Virginia special education IEP compliance and timelines

Governing regulations: W. Va. Code St. R. § 126-16 (Policy 2419: Regulations for the Education of Students with Exceptionalities). State education agency: West Virginia Department of Education.

Initial evaluation
The initial evaluation and the Eligibility Committee determination must be completed within 80 days of receipt of written parental consent, a longer window than the federal default.
Initial IEP meeting
If the Eligibility Committee finds the student eligible, an IEP meeting must be held and a written IEP developed within 30 days of the eligibility determination. (W. Va. Code St. R. § 126-16 (Policy 2419), Chapter 5; 34 CFR § 300.323(c)(1))
Annual review
At least once every 365 days (34 CFR § 300.324(b)(1)).
Reevaluation
At least every 3 years, and not more than once a year unless the parent and district agree (34 CFR § 300.303).
Transition planning
Must be in effect by age 14, earlier than the federal age of 16.
Academic standards
West Virginia College- and Career-Readiness Standards
IEP forms & systems
WVDE publishes the state IEP and evaluation forms that county school systems use; there is no separate mandated vendor platform.

Where West Virginia differs from the federal baseline

  • West Virginia sets an 80-day initial evaluation timeline from consent through the Eligibility Committee decision, in place of the federal 60 days.
  • Eligibility is decided by an Eligibility Committee, separate from the IEP team meeting that follows within 30 days.
  • WVDE requires a secondary transition plan in the IEP for students beginning at age 14.
  • Policy 2419 covers gifted students as an exceptionality, so gifted services are also documented through the state's IEP process.
  • Referrals generally move through the school's Student Assistance Team, but a parent may request an evaluation directly at any time.

Current monitoring priorities

  • Compliance with the 80-day evaluation timeline (Indicator 11)
  • Secondary transition IEP content beginning at age 14 (Indicator 13)
  • General supervision and correction of noncompliance in county school systems
West Virginia Department of Education

WV IEP compliance checklist

  1. 01Signed consent date recorded; evaluation due within 80 calendar days.
  2. 02Eligibility determined and initial IEP meeting scheduled: If the Eligibility Committee finds the student eligible, an IEP meeting must be held and a written IEP developed within 30 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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