dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 22.1 (Education), Chapter 13 (Programs, Courses of Instruction and Textbooks)
§ 22.1-212.2:3. Repealed.
Repealed by Acts 2011, c. 216, cl. 2.
Code of Virginia — Title 22.1 (Education), Chapter 13 (Programs, Courses of Instruction and Textbooks)
§ 22.1-212.3. Repealed.
Repealed by Acts 1994, c. 789.

Code of Virginia — Title 22.1 (Education), Chapter 13 (Programs, Courses of Instruction and Textbooks)
§ 22.1-212.30. Board regulations; procedure.
Any local school board may apply to the Board for the local school division or any school therein to be designated as an SDI. Such application shall consist of a plan of innovation for the local school division. The Board shall include in regulations promulgated pursuant to § 22.1-212.29:

1. The procedure and timeline for application, review, amendment, approval, renewal, and revocation of SDI designation;

2. The procedure for the ongoing evaluation of an SDI; and

3. Any other process or procedure that the Board deems appropriate.

2017, c. 760.
Code of Virginia — Title 22.1 (Education), Chapter 13 (Programs, Courses of Instruction and Textbooks)
§ 22.1-212.31. Board regulations; application; expectations.
The Board shall establish in regulations promulgated pursuant to § 22.1-212.29 expectations for the plan of innovation of an SDI applicant, including:

1. Establishing goals and performance targets that may include:

a. Reducing achievement and opportunity gaps among groups of public school students by expanding the range of engaging and relevant learning experiences for students who are identified as academically low-achieving;

b. Increasing student learning through the implementation of high, rigorous standards for student performance and balanced assessments that measure both student growth and achievement;

c. Creating opportunities for students to demonstrate mastery of learning at different points in the learning process based on readiness;

d. Increasing student participation in opportunities that enhance students' preparation for college, career, and citizenship;

e. Increasing the number of students who are college, career, and citizenship ready;

f. Increasing opportunities for students to learn from content experts through integrated course opportunities; and

g. Motivating students at all levels by offering additional curricular choices, personalized learning opportunities, and relevant student learning experiences such as community service projects, internship opportunities, and job shadowing.

2. Identifying divisionwide and school-level policies that will lead students to be better prepared for success in work and life.

3. Describing the ways in which all schools will incorporate innovative practices.

4. Incorporating relevant professional development.

5. Providing evidence of collaboration, support, and shared leadership among teachers in the school division.

6. Providing evidence of the support and engagement of educators, parents, the local community, and the local business community in the development of the plan of innovation and of the capacity of such individuals and entities to support the implementation of innovation.

7. Providing the rationale for requests for waivers from regulatory and statutory provisions.

8. Identifying specific measures of student success that may include alternate assessments or approved substitute tests that will be used to determine if students have met graduation requirements, as applicable.

2017, c. 760.

Code of Virginia — Title 22.1 (Education), Chapter 13 (Programs, Courses of Instruction and Textbooks)
§ 22.1-212.32. SDI designation; duration; renewal.
A. The initial designation of an SDI shall be for a five-year period.

B. The initial designation of an SDI may be renewed for subsequent periods not to exceed five years each.

2017, c. 760.
Code of Virginia — Title 22.1 (Education), Chapter 13 (Programs, Courses of Instruction and Textbooks)
§ 22.1-212.5. Objectives; definitions.
A. In order to (i) stimulate the development of innovative programs within public education; (ii) provide opportunities for innovative instruction and assessment; (iii) provide parents and students with more options within their school divisions; (iv) provide teachers with a vehicle for establishing schools with alternative innovative instruction and school scheduling, management and structure; (v) encourage the use of performance-based educational programs; (vi) establish high standards for both teachers and administrators; and (vii) develop models for replication in other public schools, public charter schools may be established in Virginia as provided in this article.

B. As used in this article:

"At-risk pupil" means a student having a physical, emotional, intellectual, socioeconomic, or cultural risk factor, as defined in Board of Education criteria, which research indicates may negatively influence educational success.

"Public charter school" means a public, nonreligious, or non-home-based alternative school located within a public school division. A public charter school may be created as a new public school or through the conversion of all or part of an existing public school; however, no public charter school shall be established through the conversion of a private school or a nonpublic home-based educational program. A charter school for at-risk pupils may be established as a residential school.

"Regional public charter school" means a public charter school operated by two or more school boards and chartered directly by the participating school boards.

1998, cc. 748, 890; 2000, cc. 631, 712, 1028; 2004, c. 530; 2005, c. 928.
Code of Virginia — Title 22.1 (Education), Chapter 13 (Programs, Courses of Instruction and Textbooks)
§ 22.1-212.5:1. Public Charter School Fund established.
There is hereby created in the state treasury a special nonreverting fund to be known as the Public Charter School Fund, hereafter referred to as "the Fund." The Fund shall be established on the books of the Comptroller. Any gifts, grants, bequests, or donations from public or private sources shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to the Fund. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely for the purposes of establishing or supporting public charter schools in the Commonwealth that stimulate the development of alternative public education programs. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Superintendent of Public Instruction. The Board of Education shall establish criteria for making distributions from the Fund to a public charter school requesting moneys from the Fund and may issue guidelines governing the Fund as it deems necessary and appropriate.

2007, c. 118.
Code of Virginia — Title 22.1 (Education), Chapter 13 (Programs, Courses of Instruction and Textbooks)
§ 22.1-212.6:1. Applicability of other laws, regulations, policies, and procedures.
A. Public charter schools are subject to all federal laws and authorities as set forth in this article and the charter contract with the local school board.

B. Public charter schools are subject to the same civil rights, health, and safety requirements applicable to other public schools in the Commonwealth, except as otherwise provided in this article.

C. Public charter schools are subject to the student assessment and accountability requirements applicable to other public schools in the Commonwealth, but nothing in this article precludes a public charter school from establishing additional student assessment measures that go beyond state requirements if the school's authorizer approves such measures.

D. Management committees of public charter schools are subject to and shall comply with the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).

E. No public charter school shall discriminate against any individual on the basis of disability, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, ancestry, or need for special education services or any other unlawful basis, and each public charter school shall be subject to any court-ordered desegregation plan in effect for the school division.

F. No public charter school shall discriminate against any student on the basis of limited proficiency in English, and each public charter school shall provide students who have limited proficiency in English with appropriate services designed to teach such students English and the general curriculum, consistent with federal civil rights laws.

G. No public charter school shall engage in any sectarian practices in its educational program, admissions or employment policies, or operations.

2016, c. 770; 2020, c. 1137.
Code of Virginia — Title 22.1 (Education), Chapter 13 (Programs, Courses of Instruction and Textbooks)
§ 22.1-212.8:1. Innovation Technical Advisory Group.
The Department of Education may establish an Innovation Technical Advisory Group, comprised of individuals with experience in the establishment and operation of charter schools, college partnership laboratory schools, and virtual school programs, or it may retain the services of individuals with such experience to provide technical assistance and advice to the Board in carrying out its duties relating to charter schools, college partnership laboratory schools, and virtual school programs.

2012, c. 381.
Code of Virginia — Title 22.1 (Education), Chapter 13 (Programs, Courses of Instruction and Textbooks)
§ 22.1-212.9. Review of public charter school applications.
A. Public charter school applications shall be received and reviewed by the Board of Education and local school boards or, in the case of a regional public charter school, by all of the relevant school boards, as provided in subsection C. However, no charter school application that is initiated by one or more local school boards shall be subject to the provisions of subsection C.

The Board of Education and each local school board shall establish procedures for receiving, reviewing, and, in the case of local school boards, ruling upon applications. The Board of Education and local school boards shall post their procedures on their websites and make a copy of the procedures available to all interested parties upon request. If any such board finds the public charter school application is incomplete, the board shall request the necessary information from the charter applicant.

B. To provide appropriate opportunity for input from parents, teachers, citizens, and other interested parties and to obtain information to assist local school boards in their decisions to grant or deny a public charter school application, local school boards shall establish a procedure for public notice and to receive comment on public charter school applications. A local school board shall give at least 14 days' notice of its intent to receive public comment on an application.

C. Prior to submission of an application to a local school board for review, the public charter school applicant shall submit its proposed charter application to the Board of Education for its review, comment, and a determination as to whether the application meets the approval criteria developed by the Board. The Board's review shall examine such applications for feasibility, curriculum, financial soundness, and other objective criteria as the Board may establish, consistent with existing state law. The Board's review and comment shall be for the purpose of ensuring that the application conforms with such criteria, and the Board shall make a determination as to whether the application meets the approval criteria developed by the Board. Nothing in this section shall prevent a local school division from working with a charter school applicant before the application is submitted to the Board of Education for review and recommendation.

1998, cc. 748, 890; 2000, cc. 631, 1028; 2001, cc. 438, 469; 2002, c. 851; 2004, c. 530; 2010, cc. 393, 650; 2013, cc. 52, 225.
Code of Virginia — Title 22.1 (Education), Chapter 13 (Programs, Courses of Instruction and Textbooks)
§ 22.1-213.1. Definition of "parent.".
A. "Parent," for purposes of this article and regulations promulgated thereto, means:

1. A biological or adoptive parent of a child;

2. A foster parent, even if the biological or adoptive parent's rights have not been terminated, but subject to subsection B;

3. A guardian generally authorized to act as the child's parent, or authorized to make educational decisions for the child (but not the Commonwealth if the child is a ward of the Commonwealth);

4. An individual acting in the place of a biological or adoptive parent (including grandparent, stepparent, or other relative) with whom the child lives, or an individual who is legally responsible for the child's welfare; or

5. If no party qualified under subdivisions 1 through 4 can be identified, or those parties are unwilling to act as parent, a surrogate parent who has been appointed in accordance with 8VAC20-81-220.

B. The biological or adoptive parent, when attempting to act as the parent pursuant to this section and when more than one party is qualified under subsection A to act as a parent, must be presumed to be the parent for purposes of this section unless the biological or adoptive parent has had their residual parental rights and responsibilities terminated pursuant to § 16.1-277.01, 16.1-277.02, or 16.1-283 or a comparable law in another state.

C. The local school division shall provide written notice to the biological or adoptive parents at their last known address that a foster parent is acting as the parent pursuant to this section, and the local school division is entitled to rely upon the actions of the foster parent pursuant to this section until such time that the biological or adoptive parent attempts to act as the parent.

D. If a judicial decree or order identifies a specific person or persons among subdivisions A 1 through A 5 to act as the "parent" of a child or to make educational decisions on behalf of a child, then such person or persons shall be determined to be the "parent" for purposes of the special education identification, evaluation, and placement of a child and the provision of a free appropriate public education to a child.

E. The Board of Education shall revise the regulations governing the provision of special education services in accordance with this section.

2009, c. 119.
Code of Virginia — Title 22.1 (Education), Chapter 13 (Programs, Courses of Instruction and Textbooks)
§ 22.1-214.1. Issuance of subpoenas by hearing officers.
Any hearing officer appointed pursuant to the procedures provided for in subsections B and C of § 22.1-214 shall have the power to issue subpoenas requiring testimony or the production of books, papers, and physical or other evidence. Any person so subpoenaed who objects may, if the hearing officer does not quash or modify the subpoena at a timely request as illegally or improvidently granted, immediately procure by a petition a decision on the validity thereof in the circuit court of the jurisdiction in which the hearing is to be held. In any case of refusal or neglect to comply with the hearing officer's subpoena, the hearing officer may procure an order of enforcement from such court.

Code 1950, § 22-10.4:1; 1980, c. 561.

Code of Virginia — Title 22.1 (Education), Chapter 13 (Programs, Courses of Instruction and Textbooks)
§ 22.1-214.2. Definition of "supervise" as related to educational programs provided for or by Department of Behavioral Health and Developmental Services.
For the purposes of subsection F of § 22.1-214 as related to the educational programs provided for or by the Department of Behavioral Health and Developmental Services, "supervise" shall mean providing active support in (i) designing mechanisms for maintaining constant direct contact and the sharing of ideas, approaches and innovations between the Department of Behavioral Health and Developmental Services and the facility staff responsible for providing educational services; (ii) providing consistent oversight, with particular attention to the mental health programs, to ensure that the availability of educational resources and the distribution of funds clearly reflect the needs of the different student populations residing in the various facilities; (iii) developing guidelines, in cooperation with the Department of Behavioral Health and Developmental Services for the evaluation of the performance of the education directors or other education supervisors employed by the Department of Behavioral Health and Developmental Services; (iv) developing and implementing, in cooperation with the Department of Behavioral Health and Developmental Services, programs to ensure that the educational and treatment needs of dually diagnosed children in state facilities are met; and (v) ensuring that the expertise of the Department of Education is utilized by providing technical assistance to the education programs provided for or by the Department of Behavioral Health and Developmental Services in the areas of selection and acquisition of educational materials, curriculum development including career and technical education, when appropriate, and applications for federal grants.

1985, c. 207; 2001, c. 483; 2009, cc. 813, 840; 2012, cc. 476, 507.
Code of Virginia — Title 22.1 (Education), Chapter 13 (Programs, Courses of Instruction and Textbooks)
§ 22.1-214.3. Department to develop certain curriculum guidelines; Board to approve.
The Department of Education shall develop curricula for the school-age individuals in state training centers and curriculum guidelines for the school-age individuals in state hospitals operated by the Department of Behavioral Health and Developmental Services in cooperation with the Department of Behavioral Health and Developmental Services and representatives of the teachers employed to provide instruction to the children. Prior to implementation, the Board of Education shall approve these curricula and curriculum guidelines.

These curricula and curriculum guidelines shall be designed to provide a range of programs and suggested program sequences for different functioning levels and disabilities and shall be reviewed and revised at least every three years. In addition to academic programming, the curriculum guidelines for the school-age individuals in state hospitals operated by the Department of Behavioral Health and Developmental Services shall include affective education and physical education as well as independent living and career and technical education, with particular emphasis on the needs of older adolescents and young adults.

1985, c. 350; 2001, c. 483; 2009, cc. 813, 840; 2012, cc. 476, 507; 2023, cc. 148, 149.
Code of Virginia — Title 22.1 (Education), Chapter 13 (Programs, Courses of Instruction and Textbooks)
§ 22.1-214.5. Special education family support centers.
The Parent Training and Information Center in the Commonwealth designated pursuant to 20 U.S.C. § 1471(e) shall establish special education family support centers in eight distinct regions of the Commonwealth that shall each (i) be staffed by a regional special education family liaison employed by such center, (ii) coordinate with special education parent/family liaisons required to be designated pursuant to subsection R of § 22.1-253.13:2, (iii) develop and implement outreach and support to parents of children with disabilities in its region, and (iv) track and report to the State Parent Ombudsman for Special Education data on questions and concerns raised by parents.

2024, cc. 468, 502.
Code of Virginia — Title 22.1 (Education), Chapter 13 (Programs, Courses of Instruction and Textbooks)
§ 22.1-215.1. Information regarding procedures and rights relating to special education placement and withdrawal.
The Board shall publicize and disseminate to parents of students who are enrolled in special education programs or for whom a special education placement has been recommended information regarding current federal law and regulation addressing procedures and rights related to the placement and withdrawal of children in special education.

2001, c. 439; 2022, c. 355.

Code of Virginia — Title 22.1 (Education), Chapter 13 (Programs, Courses of Instruction and Textbooks)
§ 22.1-215.2. Parental notification; literacy and Response to Intervention screening and services; certain assessment results.
Each local school board shall enact a policy to require that timely written notification is provided to the parents of any student who:

1. Undergoes literacy and Response to Intervention screening and services; or

2. Does not meet the benchmark on any assessment used to determine at-risk learners in preschool through grade 12, which notification shall include all such assessment scores and subscores and any intervention plan that results from such assessment scores or subscores.

2020, c. 336.
Code of Virginia — Title 22.1 (Education), Chapter 13 (Programs, Courses of Instruction and Textbooks)
§ 22.1-215.3. Annual individualized education program planning process; dual enrollment courses; certain parental notice required; model notice.
A. The Board shall develop and make available to each local school board a model parental notice of students with disabilities' rights and obligations relating to dual enrollment courses, including detailed information on the process for ensuring that any student with disabilities enrolled in dual enrollment courses is receiving both a free and appropriate public education pursuant to the federal Individuals with Disabilities Education Act (20 U.S.C. § 1400 et seq.) as a student enrolled in a public high school and the necessary educational accommodations pursuant to the federal Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.) as a student enrolled in a comprehensive community college.

B. During the annual individualized education program (IEP) planning process prior to any year in which a child with a disability who is enrolled at a public high school is entering the eleventh grade or twelfth grade, the IEP team shall provide to the parent of such student written notice of the student's rights and obligations relating to dual enrollment courses, consistent with the model notice made available by the Board pursuant to subsection A, including detailed information on the process for ensuring that the student is receiving both a free and appropriate public education pursuant to the federal Individuals with Disabilities Education Act (20 U.S.C. § 1400 et seq.) as a student enrolled in a public high school and the necessary educational accommodations pursuant to the federal Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.) as a student enrolled in a comprehensive community college.

2025, c. 145.

Code of Virginia — Title 22.1 (Education), Chapter 13 (Programs, Courses of Instruction and Textbooks)
§ 22.1-216. Use of public or private facilities and personnel under contract for special education.
A school board may provide special education for children with disabilities either directly with its own facilities and personnel or under contract with another school division or divisions or any other public or private nonsectarian school, agency or institution licensed or certified by the Board of Education or by a licensing authority in the state where the facility is located. Special education for children below the compulsory school attendance age may be provided in nonsectarian child-day programs licensed in accordance with state law.

Code 1950, § 22-10.6; 1974, c. 480; 1980, c. 559; 1994, cc. 376, 854; 1996, c. 133.
Code of Virginia — Title 22.1 (Education), Chapter 13 (Programs, Courses of Instruction and Textbooks)
§ 22.1-217. Visually impaired children.
A. Special education for visually impaired children provided by a school division shall be established, maintained and operated jointly by the school board and the Virginia Department for the Blind and Vision Impaired subject to the regulations of the Board of Education. Braille instruction shall be included in the student's Individualized Education Plan (IEP), whenever appropriate. When developing the IEP for students with visual impairment, the presumption shall be that proficiency in literacy is essential for such student to achieve satisfactory educational progress. However, use of Braille shall not be required if other special education services are more appropriate to the student's educational needs, and the provision of other appropriate services shall not preclude Braille instruction.

B. The Virginia Department for the Blind and Vision Impaired shall prepare and deliver a program of special education services in addition to the special education provided in the public school system designed to meet the educational needs of visually impaired children between the ages of birth and twenty-one and may prepare and deliver such programs for such individuals of other ages. In the development of such a program, the Virginia Department for the Blind and Vision Impaired shall cooperate with the Board of Education and the school boards of the several school divisions. The Virginia Department for the Blind and Vision Impaired shall assist the Board of Education and the school boards of the several school divisions with in-service training in Braille for currently employed teachers of students who are blind and visually impaired.

C. As used in this section:

"Braille" means the system of reading and writing through touch and is commonly known as standard English Braille Grade 2.

"Program" means a modified program which provides special materials or services and may include the employment of itinerant teachers or resource room teachers for the visually impaired.

"Visually impaired" shall be defined by the Board of Education and the Virginia Department for the Blind and Vision Impaired.

Code 1950, § 22-10.7; 1974, c. 480; 1978, c. 386; 1980, c. 559; 1990, c. 803; 1992, c. 755; 1995, c. 750; 1998, c. 852.
Code of Virginia — Title 22.1 (Education), Chapter 13 (Programs, Courses of Instruction and Textbooks)
§ 22.1-217.01. Information on educational and other services for students identified as deaf or hard of hearing or visually impaired.
The Department of Education shall annually prepare and distribute to local school boards packets of information describing the educational and other services available through the Virginia School for the Deaf and the Blind, the Virginia Department for the Deaf and Hard-of-Hearing, and the Virginia Department for the Blind and Vision Impaired to students who are identified as deaf or hard of hearing or visually impaired. Local school boards shall annually post this information on the school division's website and inform the parents of those students who are identified as deaf or hard of hearing or visually impaired of its availability. School boards shall ensure that packets of such information are available in an accessible format for review by parents who do not have Internet access.

1998, c. 351; 2000, c. 285; 2011, c. 216; 2015, c. 55; 2019, c. 288.
Code of Virginia — Title 22.1 (Education), Chapter 13 (Programs, Courses of Instruction and Textbooks)
§ 22.1-217.02. Individualized education programs; children identified as deaf or hard-of-hearing.
A. In developing an individualized education program (IEP) for a child identified as deaf or hard-of-hearing, in addition to any other requirements established by the Board of Education, each local school division may ensure that IEP teams consider the child's specific communication needs and address those needs as appropriate in the child's IEP. In considering the child's needs, the IEP team may expressly consider the following:

1. The child's individual communication mode or language;

2. The availability to the child of a sufficient number of age, cognitive, academic, and language peers of similar abilities if the parents so desire;

3. The availability to the child of deaf or hard-of-hearing adult models of the child's communication mode or language;

4. The provision of direct and ongoing language access to teachers of the deaf and hard-of-hearing, interpreters, psychologists, educational audiologists, speech-language pathologists, administrators, and other special education personnel who are knowledgeable due to specific training and who are proficient in the child's primary communication mode or language;

5. The provision of communication-accessible academic instruction, school services, and direct access to all components of the educational process, including recess, lunch, extracurricular social and athletic activities, and the equal opportunity to participate in advanced coursework, technical vocational coursework, and academic classes as identified by the IEP team;

6. Equipping children identified as deaf or hard-of-hearing with appropriate assistive technology across a full spectrum; and

7. That the Virginia School for the Deaf and the Blind may be the least restrictive environment for the child.

B. No child identified as deaf or hard-of-hearing may be denied the opportunity for instruction in a particular communication mode or language solely because another communication mode or language was originally chosen for the child.

C. A child may receive instruction in more than one communication mode or language.

D. For the purposes of this section, "communication mode or language mode" means one or more of the following systems or methods of communication applicable to children identified as deaf or hard-of-hearing: (i) American Sign Language; (ii) English-based manual or sign systems; (iii) oral, aural, speech-based training; (iv) spoken and written English, including speech reading, lip reading, or cued speech; and (v) communication with assistive technology devices to facilitate language and learning.

2013, cc. 704, 786.
Code of Virginia — Title 22.1 (Education), Chapter 13 (Programs, Courses of Instruction and Textbooks)
§ 22.1-217.03. Individualized education program teams to consider need for certain age-appropriate and developmentally appropriate instruction.
A. The Department of Education shall establish, make available to each school board, and post on its website guidelines for individualized education program (IEP) teams to utilize when developing IEPs for children with disabilities to ensure that IEP teams consider the need for age-appropriate and developmentally appropriate instruction related to sexual health, self-restraint, self-protection, respect for personal privacy, and personal boundaries of others.

B. In developing IEPs for children with disabilities, in addition to any other requirements established by the Board, each local school board shall ensure that IEP teams consider the guidelines established by the Department of Education pursuant to subsection A.

2020, cc. 51, 170; 2024, c. 493.
Code of Virginia — Title 22.1 (Education), Chapter 13 (Programs, Courses of Instruction and Textbooks)
§ 22.1-217.1. Programs for the research and development of innovative methods of teaching children with mental illness, intellectual disability, or serious emotional disturbance.
For the purpose of improving the quality of the education and training provided to the school-age children in state hospitals and training centers operated by the Department of Behavioral Health and Developmental Services, there is hereby established a program of grants from such funds as are appropriated by the General Assembly to promote the research and development of innovative methods of teaching children with mental illness, intellectual disability, or serious emotional disturbance in residential settings. This program shall be available to the education directors and instructional staffs of the state hospitals and training centers operated by the Department of Behavioral Health and Developmental Services. The Board of Education shall award these grants on the basis of the recommendations of an advisory committee composed of the Director of the Virginia Treatment Center for Children, two representatives of the Department of Education and two representatives of the Department of Behavioral Health and Developmental Services. The advisory committee shall establish objectives for these grants, develop requests for proposals and set criteria for evaluating the applications for funds.

1985, c. 332; 2009, cc. 813, 840; 2012, cc. 476, 507.
Code of Virginia — Title 22.1 (Education), Chapter 13 (Programs, Courses of Instruction and Textbooks)
§ 22.1-217.2. Special education transition planning and materials.
A. The Superintendent shall make available special education transition materials for students and parents to be used during a student's annual Individualized Education Program meeting as required by the State Board of Education Regulations Governing Special Education Programs for Children with Disabilities in Virginia (8VAC20-81-118 and 20 U.S.C. § 1400 et seq.) and direct local school divisions to use the material to the fullest extent possible. Such materials shall be prepared and updated as necessary by the Department and shall include information describing services that can be provided in the least restrictive environment possible and the purpose and use of temporary guardianship, limited guardianship, and guardianship, as those terms are defined in § 64.2-2000.

B. Any individualized education program (IEP) meeting for any student with a disability that is held for the purpose of postsecondary transition planning and the consideration of needed postsecondary transition services shall include, consistent with the guidance documents relating to postsecondary transition planning and services developed by the Department pursuant to subdivisions 1 and 4 of § 22.1-214.4, consideration and documentation of any information relating to such student's needed postsecondary transition services that may be necessary or relevant to coordinating and facilitating the successful and efficient transition of such student from secondary school to an institution of higher education.

2020, c. 855; 2025, c. 202.

Code of Virginia — Title 22.1 (Education), Chapter 13 (Programs, Courses of Instruction and Textbooks)
§ 22.1-217.3. Special education transition; identification of faculty member responsible for school transition and planning coordination.
Each public high school in the Commonwealth shall publicly identify on its official website the faculty member responsible for special education transition planning and coordination at such high school.

2023, cc. 280, 281.
Code of Virginia — Title 22.1 (Education), Chapter 13 (Programs, Courses of Instruction and Textbooks)
§ 22.1-217.4. Students who need or use augmentative and alternative communication; documentation of needs on individualized education program; staff training.
A. As used in this section, "augmentative and alternative communication" or "AAC" means any method or tool other than oral speech that an individual uses to communicate, including gestures, facial expressions, writing, and speech-generating devices.

B. In accordance with the definition of "assistive technology service" in 8VAC20-81-10, subsection F of 8VAC20-81-100, and subsection F of 8VAC20-81-110 of the Virginia Administrative Code, a school division shall document on the individualized education program of a student with a disability who needs or uses AAC, beginning prior to the provision of instruction or direct support to the student, including in any extended school year period, the student's AAC and communication access and support needs, including, as appropriate, individualized training as an assistive technology service for each school division employee or contractor who provides instruction or direct support to such student, to support the student's use of AAC and to ensure that access to curricula and instruction is designed or adapted as necessary to accommodate the student's unique communication access needs. In any case in which the individualized education program of such a student indicates the need for such training and the school division employee or contractor who will provide instruction or direct support to such student is known prior to the start of the school year, such individualized training shall occur prior to the start of the school year. In any case in which the individualized education program of such a student indicates the need for such training and (i) the student enrolls in a new school division during the school year; (ii) the student's initial individualized education program starts during the school year; (iii) the student transfers to a different school, classroom, or educational setting within a school division during the school year; or (iv) a different school division employee or contractor who will provide instruction or direct support to such student transfers into the student's classroom or educational setting during the school year, such individualized training shall occur as soon as possible after such occurrence.

2025, cc. 453, 469.
Code of Virginia — Title 22.1 (Education), Chapter 13 (Programs, Courses of Instruction and Textbooks)
§ 22.1-218. Reimbursement for placement in private schools; reimbursement of school boards from state funds.
A. If a child's individualized education program calls for placement in a private nonreligious school, agency, or institution, payment for reasonable tuition cost and other reasonable charges shall be made from the state pool of funds pursuant to § 2.2-5211.

B. Where a school board enters into an agreement with the Wilson Workforce and Rehabilitation Center or a special education regional program established pursuant to regulations of the Board of Education, the Board of Education is authorized to reimburse the school board from such funds as are appropriated for this purpose.

C. The Board of Education is further authorized to reimburse each school board operating a preschool special education program for children with disabilities aged two through four, through the Standards of Quality Special Education account.

Code 1950, § 22-10.8; 1974, c. 480; 1978, c. 386; 1980, c. 559; 1988, c. 96; 1989, c. 106; 1990, c. 277; 1993, cc. 110, 191; 1996, c. 133; 2005, c. 928; 2015, c. 542.

Code of Virginia — Title 22.1 (Education), Chapter 13 (Programs, Courses of Instruction and Textbooks)
§ 22.1-219. Use of federal, state or local funds not restricted.
Nothing in this article shall be construed to restrict or prohibit the use of any federal, state or local funds made available under any federal, state or local appropriation or grant.

Code 1950, § 22-10.9; 1974, c. 480; 1980, c. 559.

Code of Virginia — Title 22.1 (Education), Chapter 13 (Programs, Courses of Instruction and Textbooks)
§ 22.1-220. Power of counties, cities, and towns to appropriate and expend funds for education of children with disabilities.
The governing body of any county, city or town is hereby authorized and empowered to appropriate and expend funds of the county, city or town in furtherance of the education of children with disabilities residing in such county, city or town who attend Wilson Workforce and Rehabilitation Center or public or private nonsectarian schools, or public or private nonsectarian child-day programs for children below the compulsory school attendance age, whether within or without the county, city or town and whether within or without the Commonwealth.

Code 1950, § 22-10.10; 1974, c. 480; 1980, c. 559; 1989, c. 106; 1994, cc. 376, 854; 2015, c. 542.
Code of Virginia — Title 22.1 (Education), Chapter 13 (Programs, Courses of Instruction and Textbooks)
§ 22.1-221. Transportation of children with disabilities attending public or private special education programs.
A. Each disabled child enrolled in and attending a special education program provided by the school division pursuant to any of the provisions of § 22.1-216 or § 22.1-218 shall be entitled to transportation to and from such school or class at no cost if such transportation is necessary to enable such child to obtain the benefit of educational programs and opportunities.

B. A school board may, in lieu of providing transportation on an approved school bus, allot funds to pay the reasonable cost of special arrangement transportation. The Board of Education shall reimburse the school board sixty percent of such cost if funds therefor are available.

C. Costs for operating approved school buses which are equipped or used primarily for transporting children with disabilities shall be reimbursed according to the regulations promulgated by the Board of Education from such state funds as are appropriated for this purpose.

Code 1950, § 22-10.11; 1974, c. 480; 1975, cc. 464, 513; 1978, c. 386; 1980, c. 559; 1983, c. 521; 1994, c. 854; 1996, cc. 123, 247.

Code of Virginia — Title 22.1 (Education), Chapter 13 (Programs, Courses of Instruction and Textbooks)
§ 22.1-222. Repealed.
Repealed by Acts 1985, c. 421.
Code of Virginia — Title 22.1 (Education), Chapter 13 (Programs, Courses of Instruction and Textbooks)
§ 22.1-223. Definitions.
As used in this article:

"Adult basic education" means education for individuals over the age of compulsory school attendance specified in § 22.1-254 that enables them to express themselves orally and in writing, read, access information and resources, make decisions, act independently and interact with others, and continue lifelong learning to cope with and compete successfully in a global economy.

"Adult education program" means an instructional program below the college credit level provided by public schools for individuals who are not enrolled in the regular public school program, including adult basic education, credit programs, cultural adult education, external diploma programs, general adult education, and high school equivalency programs.

"Credit program" means a program of academic courses that are available to individuals over the age of compulsory school attendance specified in § 22.1-254 to enable them to complete the regular requirements for a high school diploma.

"Cultural adult education" means English for speakers of other languages (ESOL), the preparation of foreign-born adults for participation in American life or for becoming American citizens, and other educational services for foreign-born individuals over the age of compulsory school attendance specified in § 22.1-254.

"External diploma program" means a program in which individuals over the age of compulsory school attendance specified in § 22.1-254 who did not complete high school may earn a high school diploma by demonstrating with 100 percent mastery the 65 competencies established and validated by the American Council on Education.

"General adult education" means academic, cultural, and avocational instruction for individuals over the age of compulsory school attendance specified in § 22.1-254 that may be obtained through programs other than credit programs, high school equivalency programs, or external diploma programs.

"High school equivalency program" means a program of preparation and instruction to take a high school equivalency examination approved by the Board of Education for individuals over the age of compulsory school attendance specified in § 22.1-254 who did not complete high school, individuals who have been granted permission by the superintendent of the school division in which they are or were last enrolled to take a high school equivalency examination approved by the Board of Education, individuals who are at least 16 years of age, and individuals who have been ordered by a court to participate in the program.

Code 1950, § 22-360; 1978, c. 522; 1980, c. 559; 1999, c. 564; 2006, c. 335; 2014, c. 84; 2018, c. 717.
Code of Virginia — Title 22.1 (Education), Chapter 13 (Programs, Courses of Instruction and Textbooks)
§ 22.1-224. Duties of State Board.
The Board of Education shall:

1. Require the development of adult education programs in every school division;

2. Encourage coordination in the development and provision of adult education programs between school boards and other state, federal, and local public and private agencies;

3. Promulgate appropriate standards and guidelines for adult education programs;

4. Accept and administer grants, gifts, services, and funds from available sources for use in adult education programs; and

5. Assist school divisions with all diligence in meeting the educational needs of individuals participating in adult education programs to master the requirements for and earn a high school diploma or to pass a high school equivalency examination approved by the Board of Education.

Code 1950, § 22-361; 1978, c. 522; 1980, c. 559; 1999, c. 564; 2014, c. 84; 2018, c. 717.

Code of Virginia — Title 22.1 (Education), Chapter 13 (Programs, Courses of Instruction and Textbooks)
§ 22.1-225. Authority of school boards.
A. Local school boards shall provide adult education programs, in compliance with subdivision D 8 of § 22.1-253.13:1, for residents of the school division and, in their discretion, may charge appropriate fees to persons admitted to such programs.

B. With such funds as may be appropriated for the purposes of this article, school boards shall seek to ensure that every individual participating in such program has an opportunity to earn a high school diploma or pass a high school equivalency examination approved by the Board of Education.

Code 1950, § 22-362; 1978, c. 522; 1980, c. 559; 1999, c. 564; 2004, cc. 939, 955; 2009, c. 802; 2014, c. 84; 2018, c. 717.

Code of Virginia — Title 22.1 (Education), Chapter 13 (Programs, Courses of Instruction and Textbooks)
§ 22.1-225.1. Department; Virginia-based nonprofit organizations; schools for adults to earn credentials, college credit, and high school diplomas.
Notwithstanding any other provision of law to the contrary, the Department shall authorize a Virginia-based nonprofit organization with demonstrated evidence of positive student outcomes to provide schools for adults to earn (i) (a) an industry-recognized credential awarded through a partnership with a Virginia-based community college or an approved training provider or (b) dual college credit awarded through a partnership with a Virginia-based community college and (ii) a high school diploma on one or more diploma pathways set forth in subdivision 3 of 8VAC20-30-20 in which enrollment is open, on a space-available basis, to adults who reside throughout the Commonwealth.

2023, cc. 453, 454.

Code of Virginia — Title 22.1 (Education), Chapter 13 (Programs, Courses of Instruction and Textbooks)
§ 22.1-226. Repealed.
Repealed by Acts 2010, c. 61, cl. 2.

Code of Virginia — Title 22.1 (Education), Chapter 13 (Programs, Courses of Instruction and Textbooks)
§ 22.1-226.1. Expired.
Expired.
Code of Virginia — Title 22.1 (Education), Chapter 13 (Programs, Courses of Instruction and Textbooks)
§ 22.1-227. Board designated to carry out provisions of federal act.
The Board of Education is designated as the State Board of Career and Technical Education to carry out the provisions of the federal Vocational Education Act of 1963, as amended, and as such shall promote and administer the provision of agriculture, business, marketing, home economics, health, technology education, trade and industrial education in the public middle and high schools, regional schools established pursuant to § 22.1-26, institutions of higher education, and other eligible institutions for youth and adults.

For the purposes of this section, "promote" shall not be construed to mandate the implementation of any additional career and technical education programs that are not currently offered.

Code 1950, § 22-319; 1980, c. 559; 1992, cc. 673, 897; 2001, c. 483.

Code of Virginia — Title 22.1 (Education), Chapter 13 (Programs, Courses of Instruction and Textbooks)
§ 22.1-227.01. Career and technical education defined.
As used in this article, "career and technical education" means an organized education program offering a sequence of courses that (i) may incorporate field, laboratory, and classroom instruction; (ii) emphasize career and technical occupational experiences; (iii) are designed to prepare individuals for further education and gainful employment; and (iv) are aligned with state or national program certification and accreditation standards, if such standards exist for the sequence of courses. However, clause (iv) shall not apply to any program offered by industry in cooperation with a local school board.

1996, c. 400; 2001, c. 483; 2015, c. 588.