Virginia

1. Initial evaluation timeline

65 business days from the special education administrator’s receipt of the referral - not from parental consent. 8VAC20-81-60 requires each local educational agency to “[e]nsure that all evaluations are completed and that decisions about eligibility are made within 65 business days of the receipt of the referral by the special education administrator or designee.” The clock therefore starts at referral, and the same 65 business days must cover both the evaluation and the eligibility determination - a materially different structure from the federal default of 60 calendar days from receipt of parental consent (34 C.F.R. § 300.301(c)(1)(i)), which the state-timeframe exception at § 300.301(c)(1)(ii) permits. “Business day” is defined at 8VAC20-81-10 as “Monday through Friday, except for federal and state holidays, unless holidays are specifically included in the designation of business days,” so 65 business days runs roughly 13-plus weeks. Extension is allowed only by written agreement: “The parent and eligibility group may agree in writing to extend the 65-day timeline to obtain additional data that cannot be obtained within the 65 business days.” Exceptions apply where the parent repeatedly fails or refuses to produce the child, or where the child transfers divisions mid-timeline. Sources: 8VAC20-81-60; 8VAC20-81-10 (definitions).

2. Eligibility-to-IEP timeline

30 calendar days. 8VAC20-81-110 requires that the IEP be “developed within 30 calendar days of the date of the initial determination that the child needs special education and related services,” and that it be “implemented as soon as possible following parental consent to the IEP.” The same 30-calendar-day rule applies after a reevaluation eligibility determination if changes to the IEP are needed. Source: 8VAC20-81-110.