Short version: In Virginia, evaluations must be completed and eligibility decided within 65 business days of the day the special education administrator (or designee) receives the referral (8VAC20-81-60 B 1 g). If your child is found eligible, the IEP must be developed within 30 calendar days (8VAC20-81-110 B 2).
The steps
| Step | What the rule says | Source |
|---|---|---|
| 1. Referral | Anyone, including a parent, can refer a child aged 2 to 21 who is suspected of having a disability. A referral can be oral or written, but writing it down and dating it gives you proof of the start date. | 8VAC20-81-50 D 3; 8VAC20-81-60 A |
| 2a. Referral to the special education administrator | Within 3 business days the administrator must start the evaluation process, send the request to the school-based team, or deny it with prior written notice. | 8VAC20-81-50 D 3 b |
| 2b. School-based team | If the referral goes to the school-based team, it meets within 10 business days of receiving the referral. If it decides to refer for evaluation, it sends the referral to the administrator within 3 business days. | 8VAC20-81-50 D 5 |
| 3. Notice and consent | The school gives you written notice and procedural safeguards and asks for your written consent. Consent to evaluate is not consent to services. | 8VAC20-81-60 B 1 c-e; B 2 |
| 4. Evaluation and eligibility | Evaluations completed and eligibility decided within 65 business days of the administrator's receipt of the referral, even if the referral is routed to the school-based team. You and the eligibility group may agree in writing to extend it to get more data. | 8VAC20-81-60 B 1 g-h |
| 5. IEP | IEP developed within 30 calendar days of the eligibility decision. If the school uses a draft IEP, you get a copy at least 2 business days before the meeting. You get a copy of the IEP within 10 calendar days at most. | 8VAC20-81-110 B 2, E 7-8 |
How "business days" are counted
Virginia defines business days as Monday through Friday, 12 months a year, excluding federal and state holidays (8VAC20-81-10). Summer and school breaks do not pause the 65-day clock. Tiny Advocate's Deadlines screen counts this way.
When the clock can change
- The parent and eligibility group agree in writing to extend it.
- The parent repeatedly fails or refuses to bring the child to the evaluation.
- The child moves into a new division after the clock started, under the conditions in 8VAC20-81-60 B 1 g (2).
Sources
- 8VAC20-81-50 Child find
- 8VAC20-81-60 Referral for initial evaluation
- 8VAC20-81-110 Individualized education program
- VDOE Special Education
- IDEA regulations, 34 CFR Part 300
See also the short Virginia evaluation timeline and the federal IEP deadlines.
Questions parents ask
How long does a Virginia school have to finish an IEP evaluation?
65 business days from the special education administrator's receipt of the referral, to complete evaluations and decide eligibility (8VAC20-81-60).
Does summer stop the Virginia evaluation clock?
No. Business days are Monday through Friday all year, excluding federal and state holidays (8VAC20-81-10).
How soon is the IEP written after eligibility?
Within 30 calendar days of the eligibility decision (8VAC20-81-110).
Can I make a referral by phone?
Yes, Virginia allows oral referrals, but a dated written request gives you a clear record of when the clock started.
More Virginia guides
All Virginia guides · Evaluation timeline · Request letter · 504 vs IEP · Glossary
Not legal advice. This page shares general information about Virginia and federal special education rules as we read them on November 3, 2026. It is not legal advice. Rules change and school divisions vary. For help with your situation, contact PEATC (Virginia's Parent Training and Information Center), the VDOE Parent Ombudsman for Special Education, or a special education attorney or advocate.