Reviewed by Dr. Elizabeth Long, Ph.D. — Director of Special Education, 32 years in public schools.
In West Virginia, the school generally has 80 calendar days from when the school receives your written consent to complete the evaluation and decide whether your child is eligible for special education (under WV Policy 2419 (126 CSR 16), Chapter 3, Section 2).
What this deadline covers. This deadline covers both the evaluation and the eligibility decision.
West Virginia's 80-day window (longer than the federal default) covers the evaluation and the eligibility committee.
Under federal law (20 U.S.C. § 1414(a)(1)(C)) the default is 60 calendar days from the school's receipt of consent, but West Virginia's own rule controls where it sets one.
The timeline generally begins when the school receives your signed written consent — write the deadline on your calendar that day so you can tell early and calmly if things slip. Try the deadline calculator →
"Calendar days," "school days," and "business days" differ sharply — school and business days exclude weekends and breaks, so the same number can mean very different real dates. West Virginia uses the unit shown above.
A ready-to-send letter that formally requests a special education evaluation and starts the timeline. Just add your details. Enter your email and it's yours.
Every state has a federally funded Parent Training and Information Center that helps families for free. In West Virginia, that's WV Parent Training and Information (WVPTI). For the official rules, see West Virginia's special education office.
Start factually: "Our evaluation was due on [date] based on West Virginia's timeline — can you give me an update?" Get the response in writing, and if it keeps slipping without a plan, it's reasonable to involve the special education director and consider a state complaint. Start by assuming it was a scheduling problem, not bad faith.
State special education rules change and are periodically updated. Confirm the current figure with West Virginia's Department of Education or your district before relying on any exact date. This is educational information, not legal advice.
Dr. Long's Assistant answers your specific questions in plain language — built from Dr. Long's expertise, plus state and federal law read at the source — never the open internet.
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