reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 81 - REGULATIONS GOVERNING SPECIAL EDUCATION PROGRAMS FOR CHILDREN WITH DISABILITIES IN VIRGINIA › Part III - Responsibilities of Local School Divisions and State-Operated Programs › Section 8VAC20-81-60 - Referral for initial evaluation

Current through Register Vol. 40, No. 24, July 15, 2024
A. All children,
				  aged two to 21, inclusive, whether enrolled in public school or not, who are
				  suspected of having a disability, shall be referred to the special education
				  administrator or designee, who shall initiate the process of determining
				  eligibility for special education and related services.
1. Referrals may be made by any source
				  including school staff, a parent, the Virginia Department of Education, any
				  other state agency, other individuals, or a school-based team in accordance
				  with 8VAC20-81-50 D 5 b. (34 CFR
				  300.301(b))
2. The referring party shall inform the
				  special education administrator or designee of why an evaluation is requested
				  and efforts that have been made to address the concerns. The referral may be
				  made in oral or written form.
3.
				  Upon receipt of the referral for initial evaluation for the provision of
				  special education and related services to a child suspected of having a
				  disability, from a source other than the school-based team, the special
				  education administrator or designee shall:
a.
				  Initiate the initial evaluation procedures under subsection B of this
				  section;
b. Refer the child to the
				  school-based team to review and respond to the request under
				  8VAC20-81-50 D 3 b (2);
				  or
c. Deny the request and provide
				  prior written notice in accordance with
				  8VAC20-81-170.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 81 - REGULATIONS GOVERNING SPECIAL EDUCATION PROGRAMS FOR CHILDREN WITH DISABILITIES IN VIRGINIA › Part III - Responsibilities of Local School Divisions and State-Operated Programs › Section 8VAC20-81-70 - Evaluation and reevaluation

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each local
				  educational agency shall establish procedures for the evaluation and
				  reevaluation of referrals of children in accordance with the provisions of this
				  section. (34 CFR
				  300.122)
B. Determination of needed evaluation data
				  for initial evaluation or reevaluation. (34 CFR 300.305 and
				  34 CFR
				  300.507)
1.
				  Review of existing evaluation data. A group that is comprised of the same
				  individuals as an IEP team and other qualified professionals, as appropriate,
				  shall:
a. Review existing evaluation data on
				  the child, including:
(1) Evaluations and
				  information provided by the parents of the child;
(2) Current classroom-based, local, or state
				  assessments and classroom-based observations; and
(3) Observations by teachers and related
				  services providers; and
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 81 - REGULATIONS GOVERNING SPECIAL EDUCATION PROGRAMS FOR CHILDREN WITH DISABILITIES IN VIRGINIA › Part III - Responsibilities of Local School Divisions and State-Operated Programs › Section 8VAC20-81-80 - Eligibility

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each local
				  educational agency shall establish procedures to ensure that the decision
				  regarding eligibility for special education and related services and
				  educational needs is made in accordance with the provisions of this
				  section.
B. The determination that
				  a child is eligible for special education and related services shall be made on
				  an individual basis by a group as designated in subdivision C 2 of this
				  section.
C. Upon completion of the
				  administration of assessments and other evaluation materials or after
				  determining that additional data are not needed, a group of qualified
				  professionals and the parent(s) of the child shall determine whether the child
				  is, or continues to be, a child with a disability and the educational needs of
				  the child. If a determination is made that a child has a disability and
				  requires special education and related services, an IEP shall be developed in
				  accordance with the requirements of
				  8VAC20-81-110. (
				  34 CFR
				  300.306,
				  34 CFR
				  300.308 )
1.
				  The determination of whether a child is a child with a disability is made by
				  the child's parent(s) and a group that is collectively qualified to:
a. Conduct, as appropriate, individual
				  diagnostic assessments in the areas of speech and language, academic
				  achievement, intellectual development and social-emotional
				  development;
b. Interpret
				  assessment and intervention data, and apply critical analysis to those data;
				  and
c. Develop appropriate
				  educational and transitional recommendations based on the assessment
				  data.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 81 - REGULATIONS GOVERNING SPECIAL EDUCATION PROGRAMS FOR CHILDREN WITH DISABILITIES IN VIRGINIA › Part III - Responsibilities of Local School Divisions and State-Operated Programs › Section 8VAC20-81-90 - Termination of special education and related services

Current through Register Vol. 40, No. 24, July 15, 2024
A. Termination of a child's eligibility for
				  special education and related services shall be determined by an eligibility
				  group.
1. Termination of special education
				  services occurs if the eligibility group determines that the child is no longer
				  a child with a disability who needs special education and related
				  service.
2. The local educational
				  agency shall evaluate a child with a disability in accordance with
				  8VAC20-81-70 before determining
				  that the child is no longer a child with a disability under this
				  chapter.
3. Evaluation is not
				  required before the termination of eligibility due to graduation with a
				  standard or advanced studies high school diploma or reaching the age of 22. (
				  34 CFR
				  300.305(e) )
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 81 - REGULATIONS GOVERNING SPECIAL EDUCATION PROGRAMS FOR CHILDREN WITH DISABILITIES IN VIRGINIA › Part III - Responsibilities of Local School Divisions and State-Operated Programs › Section 8VAC20-81-100 - Free appropriate public education

Current through Register Vol. 40, No. 24, July 15, 2024
A. Age of eligibility.
1. A free appropriate public education shall
				  be available to all children with disabilities who need special education and
				  related services, aged two to 21, inclusive, who meet the definition of "age of
				  eligibility" as outlined in
				  8VAC20-81-10 and who reside within
				  the jurisdiction of each local educational agency. This includes children with
				  disabilities who are in need of special education and related services even
				  though they have not failed or been retained in a course or grade and are
				  advancing from grade to grade, and students who have been suspended or expelled
				  from school in accordance with the provisions of
				  8VAC20-81-160. The Virginia
				  Department of Education has a goal of providing full educational opportunity to
				  all children with disabilities aged birth through 21, inclusive, by 2015.
				  (§ 22.1-213 of the Code of Virginia;
				  34 CFR
				  300.101 and
				  34 CFR
				  300.109 )
a.
				  The services provided to the child under this chapter shall address all of the
				  child's identified special education and related services needs.
b. The services and placement needed by each
				  child with a disability to receive a free appropriate public education shall be
				  based on the child's unique needs and not on the child's disability.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 81 - REGULATIONS GOVERNING SPECIAL EDUCATION PROGRAMS FOR CHILDREN WITH DISABILITIES IN VIRGINIA › Part III - Responsibilities of Local School Divisions and State-Operated Programs › Section 8VAC20-81-110 - Individualized education program

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Responsibility. The local educational agency shall ensure that an IEP is
				  developed and implemented for each child with a disability served by that local
				  educational agency, including a child placed in a private special education
				  school by: (34 CFR
				  300.112)
1.
				  A local school division; or
2. A
				  noneducational placement by a Comprehensive Services Act team that includes the
				  school division. The local school division's responsibility is limited to
				  special education and related services.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 81 - REGULATIONS GOVERNING SPECIAL EDUCATION PROGRAMS FOR CHILDREN WITH DISABILITIES IN VIRGINIA › Part III - Responsibilities of Local School Divisions and State-Operated Programs › Section 8VAC20-81-120 - Children who transfer

Current through Register Vol. 40, No. 24, July 15, 2024
A. Children
				  with disabilities who transfer between local educational agencies in Virginia
				  or transfer from a local educational agency outside of Virginia to a local
				  educational agency in Virginia within the same school year are subject to the
				  following provisions. ( 34
				  CFR 300.323(e), (f), and (g)
				  )
1. The new local educational agency shall
				  take reasonable steps to obtain the child's records, including the IEP and
				  supporting documents and any other records relating to the provision of special
				  education and related services to the child, from the previous local
				  educational agency in which the child was enrolled. The previous local
				  educational agency shall take reasonable steps to promptly respond to the
				  request from the new local educational agency.
a. If the previous local educational agency
				  is not forthcoming in providing the records for the child, the new local
				  educational agency should contact the Virginia Department of Education for
				  assistance in resolving the matter.
b. If the new local educational agency is
				  unable to obtain the IEP from the previous local educational agency or from the
				  parent, the new local educational agency is not required to provide special
				  education and related services to the child. The new local educational agency
				  shall place the student in a general educational program and conduct an
				  evaluation if the new local educational agency determines that an evaluation is
				  necessary.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 81 - REGULATIONS GOVERNING SPECIAL EDUCATION PROGRAMS FOR CHILDREN WITH DISABILITIES IN VIRGINIA › Part III - Responsibilities of Local School Divisions and State-Operated Programs › Section 8VAC20-81-130 - Least restrictive environment and placements

Current through Register Vol. 40, No. 24, July 15, 2024
A. General least restrictive environment
				  requirements.
1. Each local educational agency
				  shall ensure: ( 34 CFR
				  300.114 )
a.
				  That to the maximum extent appropriate, children with disabilities, aged two to
				  21, inclusive, including those in public or private institutions or other care
				  facilities, are educated with children without disabilities; and
b. That special classes, separate schooling,
				  or other removal of children with disabilities from the regular educational
				  environment occurs only if the nature or severity of the disability is such
				  that education in regular classes with the use of supplementary aids and
				  services cannot be achieved satisfactorily.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 81 - REGULATIONS GOVERNING SPECIAL EDUCATION PROGRAMS FOR CHILDREN WITH DISABILITIES IN VIRGINIA › Part III - Responsibilities of Local School Divisions and State-Operated Programs › Section 8VAC20-81-140 - Placement of children at the Virginia School for the Deaf and the Blind at Staunton

Current through Register Vol. 40, No. 24, July 15, 2024
A. Placements
				  are made by the local school division, in accordance with the administrative
				  policies and procedures of the Virginia School for the Deaf and the Blind at
				  Staunton (Virginia school). The Virginia school shall determine if the student
				  meets the admission criteria of the Virginia school. (§ 22.1-348 of the
				  Code of Virginia)
B. When an
				  eligible child is placed in the Virginia school, the local school division is
				  responsible for ensuring compliance with the requirements of this
				  chapter.
C. For students who are
				  residential students, the Virginia school is responsible for transportation.
				  For students who are day students, the placing local school division is
				  responsible for transportation to and from the school. (§ 22.1-347C of the
				  Code of Virginia)
Statutory Authority
§§ 22.1-16 and 22.1-214 of the Code of
						Virginia; 20 USC § 1400 et seq.; 34 CFR Part
						300.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 81 - REGULATIONS GOVERNING SPECIAL EDUCATION PROGRAMS FOR CHILDREN WITH DISABILITIES IN VIRGINIA › Part III - Responsibilities of Local School Divisions and State-Operated Programs › Section 8VAC20-81-160 - Discipline procedures

Current through Register Vol. 40, No. 24, July 15, 2024
A. General.
				  (§ 22.1-277 of the Code of Virginia;
				  34 CFR
				  300.530(a);
				  34 CFR
				  300.324(a)(2)(i) )
1. A child with a disability shall be
				  entitled to the same due process rights that all children are entitled to under
				  the Code of Virginia and the local educational agency's disciplinary policies
				  and procedures.
2. In the event
				  that the child's behavior impedes the child's learning or that of others, the
				  IEP team shall consider the use of positive behavioral interventions,
				  strategies, and supports to address the behavior. The IEP team shall consider
				  either:
a. Developing goals and services
				  specific to the child's behavioral needs; or
b. Conducting a functional behavioral
				  assessment and determining the need for a behavioral intervention plan to
				  address the child's behavioral needs.
3. School personnel may consider any unique
				  circumstances on a case-by-case basis when deciding whether or not to order a
				  change in placement for a child with a disability that violates a code of
				  student conduct.
a. In reviewing the
				  disciplinary incident, school personnel may review the child's IEP and any
				  behavioral intervention plan, or consult with the child's teacher(s) to provide
				  further guidance in considering any unique circumstances related to the
				  incident.
b. School personnel may
				  convene an IEP team for this purpose.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 81 - REGULATIONS GOVERNING SPECIAL EDUCATION PROGRAMS FOR CHILDREN WITH DISABILITIES IN VIRGINIA › Part III - Responsibilities of Local School Divisions and State-Operated Programs › Section 8VAC20-81-170 - Procedural safeguards

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Opportunity to examine records; parent participation. (34 CFR
				  300.322(e), 34 CFR 300.500
				  and
				  34
				  CFR 300.501; 8VA C20-150)
1. Procedural safeguards. Each local
				  educational agency shall establish, maintain, and implement procedural
				  safeguards as follows:
a. The parent of a
				  child with a disability shall be afforded an opportunity to:
(1) Inspect and review all education records
				  with respect to (i) the identification, evaluation, and educational placement
				  of the child; and (ii) the provision of a free appropriate public education to
				  the child.
(2) Participate in
				  meetings with respect to the identification, evaluation, and educational
				  placement of the child and the provision of a free appropriate public education
				  to the child.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 81 - REGULATIONS GOVERNING SPECIAL EDUCATION PROGRAMS FOR CHILDREN WITH DISABILITIES IN VIRGINIA › Part III - Responsibilities of Local School Divisions and State-Operated Programs › Section 8VAC20-81-180 - Transfer of rights to students who reach the age of majority

Current through Register Vol. 40, No. 24, July 15, 2024
A. All rights
				  accorded to the parent(s) under the Act transfer to the student upon the age of
				  majority (age 18), including those students who are incarcerated in an adult or
				  juvenile federal, state, regional, or local correctional institution. (
				  34 CFR
				  300.520 )
B. Notification.
1. The local educational agency shall notify
				  the parent(s) and the student of the following: (
				  34 CFR
				  300.520 )
a.
				  That educational rights under the Act will transfer from the parent(s) to the
				  student upon the student reaching the age of majority; and
b. That procedures exist for appointing the
				  parent(s) or, if the parent(s) are not available, another appropriate
				  individual to represent the educational interests of the student throughout the
				  student's eligibility for special education and related services if the student
				  is determined not to have the ability to provide informed consent with respect
				  to the educational program as specified in subsection C of this
				  section.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 81 - REGULATIONS GOVERNING SPECIAL EDUCATION PROGRAMS FOR CHILDREN WITH DISABILITIES IN VIRGINIA › Part III - Responsibilities of Local School Divisions and State-Operated Programs › Section 8VAC20-81-190 - Mediation

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each local
				  educational agency shall ensure that the parent(s) of a child with a disability
				  are informed of the option of mediation to resolve disputes involving any
				  matter arising under Part B of the Act, including the identification,
				  evaluation, or educational placement and services of the child, the provision
				  of a free appropriate public education to the child, and matters arising prior
				  to the filing of a state complaint or request for a due process hearing.
				  Mediation is available to resolve these issues at any time a joint request is
				  made to the Virginia Department of Education from a school representative and a
				  parent. (§ 22.1-214B of the Code of Virginia;
				  34 CFR
				  300.506(a) )
B. The local educational agency shall use the
				  Virginia Department of Education's mediation process to resolve such disputes.
				  The procedures shall ensure that the process is: (§ 22.1-214B of the Code
				  of Virginia; 34 CFR
				  300.506(b)(1) )
1. Voluntary on the part of both the local
				  educational agency and parent;
2.
				  Not used to deny or delay a parent's(s') right to a due process hearing or to
				  deny any other rights afforded under the Act; and
3. Conducted by a qualified and impartial
				  mediator who is trained in effective mediation techniques and who is
				  knowledgeable in laws and regulations relating to the provision of special
				  education and related services.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 81 - REGULATIONS GOVERNING SPECIAL EDUCATION PROGRAMS FOR CHILDREN WITH DISABILITIES IN VIRGINIA › Part III - Responsibilities of Local School Divisions and State-Operated Programs › Section 8VAC20-81-200 - Complaint resolution procedures

Current through Register Vol. 40, No. 24, July 15, 2024
A. The Virginia Department of Education
				  maintains and operates a complaint system that provides for the investigation
				  and issuance of findings regarding violations of the rights of parents or
				  children with disabilities. The Superintendent of Public Instruction or
				  designee is responsible for the operation of the complaint system. (
				  34 CFR
				  300.151 )
B. A complaint may be filed with the Virginia
				  Department of Education by any individual, organization, or an individual from
				  another state and shall: ( 34 CFR 300.153 )
1. Be in writing;
2. Include the signature and contact
				  information for the complainant;
3.
				  Contain a statement that a local educational agency has violated the Act or
				  these special education regulations;
4. Include the facts upon which the complaint
				  is based;
5. If alleging violations
				  with respect to a specific child, include:
a.
				  The name and address of the residence of the child;
b. The name of the school the child is
				  attending;
c. In the case of a
				  homeless child or youth (within the meaning of § 725(2) of the
				  McKinney-Vento Homeless Act (
				  42 USC
				  11434 a(2) ), available contact information
				  for the child, and the name of the school the child is attending;
d. A description of the nature of the problem
				  of the child, including facts relating to the problem; and
e. A proposed resolution of the problem to
				  the extent known and available to the party at the time the complaint is
				  filed;
6. Address an
				  action that occurred not more than one year prior to the date the complaint is
				  received;
7. Contain all relevant
				  documents; and
8. Be provided
				  simultaneously to the local educational agency or public agency serving the
				  child.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 81 - REGULATIONS GOVERNING SPECIAL EDUCATION PROGRAMS FOR CHILDREN WITH DISABILITIES IN VIRGINIA › Part III - Responsibilities of Local School Divisions and State-Operated Programs › Section 8VAC20-81-210 - Due process hearing

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  Virginia Department of Education provides for an impartial special education
				  due process hearing system to resolve disputes between parents and local
				  educational agencies with respect to any matter relating to the: (§
				  22.1-214 of the Code of Virginia;
				  34 CFR
				  300.121 and
				  34 CFR
				  300.507 through 34 CFR 300.518)
1. Identification of a child with a
				  disability, including initial eligibility, any change in categorical
				  identification, and any partial or complete termination of special education
				  and related services;
2. Evaluation
				  of a child with a disability (including disagreements regarding payment for an
				  independent educational evaluation);
3. Educational placement and services of the
				  child; and
4. Provision of a free
				  appropriate public education to the child.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 81 - REGULATIONS GOVERNING SPECIAL EDUCATION PROGRAMS FOR CHILDREN WITH DISABILITIES IN VIRGINIA › Part III - Responsibilities of Local School Divisions and State-Operated Programs › Section 8VAC20-81-220 - Surrogate parent procedures

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Role of surrogate parent. The surrogate parent appointed in accordance with
				  this section represents the child in all matters relating to the
				  identification, evaluation, or educational placement of the child; or the
				  provision of a free appropriate public education to the child. (
				  34 CFR
				  300.519(g) )
B. Appointment of surrogate parents.
1. Children, aged two to 21, inclusive, who
				  are suspected of having or determined to have disabilities do not require a
				  surrogate parent if the parent(s) or guardians are allowing relatives or
				  private individuals to act as a parent.
2. Unless the exception outlined in
				  subdivision 1 of this subsection applies, the local educational agency shall
				  appoint a surrogate parent for a child, aged two to 21, inclusive, who is
				  suspected of having or determined to have a disability when: (
				  34 CFR
				  300.519(a) )
a. No parent, as defined in
				  8VAC20-81-10, can be
				  identified;
b. The local
				  educational agency, after reasonable efforts, cannot discover the whereabouts
				  of a parent;
c. The child is a ward
				  of the state and either subdivision 2 a or 2 b of this subsection is also met;
				  or
d. The child is an unaccompanied
				  homeless youth as defined in § 725(6) of the McKinney-Vento Homeless
				  Assistance Act ( 42 USC § 11434a(6) ) and § 22.1-3 of the Code of
				  Virginia and either subdivision 2 a or 2 b of this subsection is met.
3. The local educational agency
				  shall appoint a surrogate parent as the educational representative for a child
				  who reaches the age of majority if the local educational agency has received
				  written notification that the child is not competent to provide informed
				  consent in accordance with
				  8VAC20-81-180 C 3 or C 4 and no
				  family member is available to serve as the child's educational
				  representative.
4. If the child is
				  a ward of the state, the judge overseeing the child's case may appoint a
				  surrogate parent as the educational representative of the child. The appointed
				  surrogate shall meet the requirements of subdivision E 1 c of this section. (
				  34 CFR
				  300.519(c) )
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 81 - REGULATIONS GOVERNING SPECIAL EDUCATION PROGRAMS FOR CHILDREN WITH DISABILITIES IN VIRGINIA › Part III - Responsibilities of Local School Divisions and State-Operated Programs › Section 8VAC20-81-230 - Local educational agency administration and governance

Current through Register Vol. 40, No. 24, July 15, 2024
A. The local
				  educational agency shall ensure that the rights and protections under this
				  chapter are given to children with disabilities for whom it is responsible,
				  including children placed in private schools.
B. Plans, applications, and reports. (§
				  22.1-215 of the Code of Virginia;
				  34 CFR
				  300.200 and
				  34 CFR
				  300.212 )
1.
				  The local educational agency shall prepare annually and submit to the Virginia
				  Department of Education an application for funding under Part B of the Act in
				  accordance with the requirements outlined by the Virginia Department of
				  Education. The annual plan shall include:
a.
				  Assurances that the local educational agency has in effect policies and
				  procedures for the provision of special education and related services in
				  compliance with the requirements of the Act, the policies and procedures
				  established by the Virginia Board of Education, and any other relevant federal
				  and state laws and regulations;
b.
				  A report indicating the extent to which the annual plan for the preceding
				  period has been implemented;
c.
				  Budgets outlining the use of the federal funds; and
d. Any revisions to the local school
				  division's interagency agreement regarding the provision of special education
				  and related services in a regional or local jail, if applicable, in accordance
				  with subdivision G 2 of this section.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 81 - REGULATIONS GOVERNING SPECIAL EDUCATION PROGRAMS FOR CHILDREN WITH DISABILITIES IN VIRGINIA › Part IV - Funding › Section 8VAC20-81-240 - Eligibility for funding

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each
				  local school division and state-operated program shall maintain current
				  policies and procedures and supporting documentation to demonstrate compliance
				  with the Act and the Virginia Board of Education regulations governing the
				  provision of special education and related services, licensure and
				  accreditation. Changes to the local policies and procedures shall be made as
				  determined by local need, as a result of changes in state or federal laws or
				  regulations, as a result of required corrective action, or as a result of
				  decisions reached in administrative proceedings, judicial determinations, or
				  other findings of noncompliance. Revisions to policies and procedures must be
				  approved by local school boards for local school divisions, or the Board of
				  Visitors for the Virginia School for the Deaf and the Blind at Staunton.
				  State-operated programs shall submit revisions to policies and procedures to
				  the state special education advisory committee for review. (
				  34 CFR
				  300.201;
				  34 CFR
				  300.220 )
B. All disbursement is subject to the
				  availability of funds. In the event of insufficient state funds, disbursement
				  may be prorated pursuant to provisions of the Virginia Appropriation
				  Act.
Statutory Authority
§§ 22.1-16 and 22.1-214 of the Code of
						Virginia.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 81 - REGULATIONS GOVERNING SPECIAL EDUCATION PROGRAMS FOR CHILDREN WITH DISABILITIES IN VIRGINIA › Part IV - Funding › Section 8VAC20-81-250 - State funds for local school divisions

Current through Register Vol. 40, No. 24, July 15, 2024
A. State funds to assist local school
				  divisions with the cost of providing special education and related services for
				  children with disabilities shall be provided through the Virginia Department of
				  Education's appropriation as provided in this section.
B. Children with disabilities enrolled in
				  programs operated by a local school board:
1.
				  Public school programs. In addition to the funds received for each pupil from
				  state basic aid, local school divisions shall receive payment to support the
				  state share of the number of special education teachers and paraprofessionals
				  required by the Standards of Quality. (Chapter 13.2 (§ 22.1-253.13:1 et
				  seq.) of Title 22.1 of the Code of Virginia)
2. Homebound instruction. Subject to
				  availability, local school divisions shall receive funds to assist with the
				  cost of educating students who are temporarily confined for medical or
				  psychological reasons. Such students may continue to be counted in the average
				  daily membership (ADM) while receiving homebound instruction. In addition,
				  costs will be reimbursed based on the composite index, the hourly rate paid to
				  homebound teachers by the local educational agency, and the number of
				  instructional hours delivered. Reimbursement is made in the year following
				  delivery of instruction. (Regulations Establishing Standards for Accrediting
				  Public Schools in Virginia (8VAC20-131))
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 81 - REGULATIONS GOVERNING SPECIAL EDUCATION PROGRAMS FOR CHILDREN WITH DISABILITIES IN VIRGINIA › Part IV - Funding › Section 8VAC20-81-260 - Federal funds

Current through Register Vol. 40, No. 24, July 15, 2024
A. In accordance
				  with the provisions of the Act, the Virginia Department of Education disburses
				  the federal funds that are available under Part B of the Act to assist local
				  educational agencies with the excess cost of providing special education and
				  related services to eligible children with disabilities. The local educational
				  agency shall submit an annual plan to the Virginia Department of Education
				  describing the use of such funds in accordance with subsection B of
				  8VAC20-81-230. (
				  34 CFR
				  300.200;
				  34 CFR
				  76.301 )
B. Excess costs means those costs that are in
				  excess of the average annual per student expenditure in a local educational
				  agency during the preceding school year for an elementary school or secondary
				  school student as may be appropriate, and that shall be computed after
				  deducting: ( 34 CFR
				  300.16,
				  34 CFR
				  300.202 and Appendix A to 34 CFR Part 300 )
1. Amounts received under Part B of the
				  Act;
2. Amounts received under Part
				  A of Title I of the ESEA;
3.
				  Amounts received under Parts A and B of Title III of the ESEA; or
4. Any state or local funds expended for
				  programs that would qualify for assistance under any of the parts described in
				  subdivision 1, 2, or 3 of this subsection but excluding any amounts for capital
				  outlay and debt service.
A local educational agency meets the excess cost
					 requirement if it has spent at least a minimum average amount for the education
					 of its children with disabilities in state and local funds before funds under
					 Part B of the Act are used. (See 34 CFR Part 300, Appendix A for an example of
					 how excess costs shall be calculated.)
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 81 - REGULATIONS GOVERNING SPECIAL EDUCATION PROGRAMS FOR CHILDREN WITH DISABILITIES IN VIRGINIA › Part IV - Funding › Section 8VAC20-81-280 - Funding, withholding, and recovery of funds

Current through Register Vol. 40, No. 24, July 15, 2024
A. The Virginia Department of Education shall
				  disburse funds to local educational agencies for the education of children with
				  disabilities, aged two to 21, inclusive, when they provide documentation of
				  compliance with state and federal laws and regulations. (
				  34 CFR
				  300.200 )
B. If documentation of compliance is not
				  submitted or is inadequate, the Superintendent of Public Instruction shall
				  provide reasonable notice to the local educational agency that state and
				  federal funds will not be available for reimbursement for special education
				  programs and services. ( 34
				  CFR 300.155 and
				  34 CFR
				  300.221 )
1.
				  The notification shall include the substance of the alleged violation, and the
				  local educational agency shall be given an opportunity to submit a written
				  response; and
2. The local
				  educational agency shall have the right to appeal to the Virginia Board of
				  Education under
				  8VAC20-81-290.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 81 - REGULATIONS GOVERNING SPECIAL EDUCATION PROGRAMS FOR CHILDREN WITH DISABILITIES IN VIRGINIA › Part IV - Funding › Section 8VAC20-81-290 - Appeal of administrative decision regarding funding

Current through Register Vol. 40, No. 24, July 15, 2024
A. The Virginia Department of Education's
				  recommendation to disapprove local eligibility for funding under the Act, or
				  withhold state and federal funds for special education and related services,
				  may be appealed by a local educational agency. (
				  34 CFR
				  76.401 and
				  34 CFR
				  300.155 )
B. The procedures for the appeal of
				  administrative decisions are as follows: (
				  34 CFR
				  76.401 and
				  34 CFR
				  300.155 )
1.
				  The local educational agency shall request, in writing, a hearing by the
				  Virginia Department of Education within 30 business days from the receipt of
				  notification from the Superintendent of Public Instruction;
2. Within 10 business days from the date of
				  request for a hearing, the Superintendent of Public Instruction shall notify
				  the local educational agency in writing of the date, time, and location of the
				  hearing;
3. The hearing shall be
				  conducted within 15 business days from the date of notification;
4. The hearing shall be conducted by an
				  independent hearing officer in conformance with the provisions of §§
				  2.2-4020 and 2.2-4024 of the Code of Virginia;
5. Witnesses and attorneys may be present and
				  testify for the Virginia Department of Education or the local educational
				  agency;
6. A written or electronic
				  verbatim record shall be kept of all proceedings of the hearing;
7. The hearing officer shall review all
				  pertinent evidence presented and shall render a decision based on the
				  preponderance of evidence presented at the hearing and on applicable state and
				  federal law;
8. No later than 10
				  business days after the hearing, the hearing officer shall issue a written
				  ruling, including findings of fact and reasons for the findings;
9. The decision made by the hearing officer
				  shall be final unless an appeal is requested by a local educational
				  agency;
10. If the Virginia
				  Department of Education does not rescind its final action after a review under
				  this subsection, the applicant may appeal to the U.S. Secretary of Education
				  under the provisions of the Education Department General Administrative
				  Regulations; and
11. Notice of
				  appeal shall be filed within 20 days after the local educational agency has
				  been notified by the Virginia Department of Education of the results of the
				  hearing.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 81 - REGULATIONS GOVERNING SPECIAL EDUCATION PROGRAMS FOR CHILDREN WITH DISABILITIES IN VIRGINIA › Part IV - Funding › Section 8VAC20-81-300 - Use of public and private insurance

Current through Register Vol. 40, No. 24, July 15, 2024
A. Children with disabilities who are covered
				  by public benefits or insurance. (
				  34 CFR
				  300.154(d) )
1. A local educational agency may use
				  Medicaid or other public benefits or insurance programs in which a child
				  participates to provide or pay for services required under this chapter and as
				  permitted under the public benefits or insurance program except as provided in
				  subdivision 2 of this subsection.
2. With regard to services required to
				  provide a free appropriate public education to an eligible child with a
				  disability, a local educational agency:
a.
				  Shall provide notice to the parent(s) that the local educational agency:
(1) May not require the parent(s) to sign up
				  for or enroll in public benefits or insurance programs in order for their child
				  to receive a free appropriate public education;
(2) May not require the parent(s) to incur
				  any out-of-pocket expense, such as the payment of a deductible or co-pay amount
				  incurred in filing a claim for services provided pursuant to this section, but
				  in accordance with subsection C of this section may pay the cost that the
				  parent(s) otherwise would be required to pay; and
(3) May not use a child's benefits under a
				  public benefits or insurance program if that use would:
(a) Decrease available lifetime coverage or
				  any other insured benefit;
(b)
				  Result in the family's paying for services that would otherwise be covered by
				  the public benefits or insurance program and that are required for the child
				  outside of the time the child is in school;
(c) Increase premiums or lead to the
				  discontinuation of benefits insurance; or
(d) Risk loss of eligibility for home and
				  community-based waivers, based on aggregate health-related
				  expenditures.
b. Shall obtain informed parental consent
				  each time that access to public benefits or insurance is sought, including
				  parental consent to release educational information to the public benefits of
				  insurance program for billing purposes in accordance with the provisions of the
				  Management of the Student's Scholastic Record in the Public Schools of Virginia
				  (8VAC20-150); and
c. Shall provide
				  notice to the parent(s) that refusal to allow access to their public benefits
				  or insurance does not relieve the local educational agency of its
				  responsibility to ensure that all required services are provided at no cost to
				  the parent(s).
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 81 - REGULATIONS GOVERNING SPECIAL EDUCATION PROGRAMS FOR CHILDREN WITH DISABILITIES IN VIRGINIA › Part IV - Funding › Section 8VAC20-81-310 - Attorneys' fees

Current through Register Vol. 40, No. 24, July 15, 2024
A. In any action or
				  proceeding brought under § 1415 of the Act, the court in its discretion
				  may award reasonable attorneys' fees as part of the costs: (
				  34 CFR
				  300.517(a) )
1. To the prevailing party who is the
				  parent(s) of a child with a disability;
2. To a prevailing party who is a local
				  educational agency or the Virginia Department of Education against the attorney
				  of a parent who files a request for due process or subsequent cause of action
				  that is frivolous, unreasonable, or without foundation, or against the attorney
				  of a parent who continued to litigate after the litigation clearly became
				  frivolous, unreasonable, or without foundation; or
3. To a prevailing party who is a local
				  educational agency or the Virginia Department of Education against the attorney
				  of a parent, or against the parent, if the parent's request for a due process
				  hearing, or subsequent cause of action was presented for any improper purpose,
				  such as to harass, to cause unnecessary delay, or to needlessly increase the
				  cost of litigation.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 81 - REGULATIONS GOVERNING SPECIAL EDUCATION PROGRAMS FOR CHILDREN WITH DISABILITIES IN VIRGINIA › Part V - Additional Responsibilities of State Boards, Agencies, and Institutions for Education and Training of Children with Disabilities in Residence or Custody › Section 8VAC20-81-320 - Additional responsibilities of state boards, agencies, and institutions for education and training of children with disabilities in residence or custody

Current through Register Vol. 40, No. 24, July 15, 2024
A. Provision of
				  education to children with disabilities in residence or custody.
1. Each state board, agency, and institution
				  having children with disabilities in residence or custody shall provide
				  education pursuant to standards, policies and procedures established by the
				  Virginia Board of Education that is comparable to that provided to children
				  with disabilities in the public school system.
a. The Department of Correctional Education
				  shall establish and maintain schools for persons committed to the state,
				  regional or local correctional facilities operated by the Department of
				  Corrections and the Department of Juvenile Justice and for persons committed to
				  the Department of Juvenile Justice and placed in a private facility under
				  contract with the Department of Juvenile Justice. (§§ 22.1-7 and
				  22.1-340 of the Code of Virginia)
b. The Superintendent of Public Instruction
				  shall approve the education programs at the Virginia School for the Deaf and
				  the Blind at Staunton. (§§ 22.1-7, 22.1-347, and 22.1-348 of the Code
				  of Virginia)
c. The Department of
				  Behavioral Health and Developmental Services has responsibility for providing
				  the education and training to children with mental retardation in residence in
				  its institutions. The Virginia Board of Education shall supervise the education
				  and training provided to school-age residents in state mental retardation
				  facilities. (§ 22.1-7 of the Code of Virginia)
d. The Virginia Board of Education shall
				  provide for and direct the education of school-age residents in state mental
				  health facilities in cooperation with the Department of Behavioral Health and
				  Developmental Services. (§§ 22.1-7 and 22.1-209.2 of the Code of
				  Virginia)
e. The Virginia Board of
				  Education shall prepare and supervise the education and training provided to
				  children in regional and local detention homes. (§§ 22.1-7 and
				  22.1-209.2 of the Code of Virginia)
f. The Virginia Board of Education shall
				  supervise the evaluation, education, and training provided to school-age
				  children by the Virginia Department of Health and to school-age children in the
				  teaching hospitals associated with the Eastern Virginia Medical Center, the
				  Virginia Commonwealth University Health System Authority, and The University of
				  Virginia Hospitals. (§§ 22.1-7 and 22.1-209.2 of the Code of
				  Virginia)
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 81 - REGULATIONS GOVERNING SPECIAL EDUCATION PROGRAMS FOR CHILDREN WITH DISABILITIES IN VIRGINIA › Part VI - Compliance with section 504 of the Rehabilitation Act of 1973, as Amended › Section 8VAC20-81-330 - Compliance with section 504 of the Rehabilitation Act of 1973, as amended

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each
				  state-operated program providing educational services to persons of school age
				  and the Virginia School for the Deaf and the Blind at Staunton shall provide a
				  free appropriate public education to each qualified person with a disability of
				  school age and provide procedural safeguards in accordance with the Virginia
				  Department of Education's 504 plan. (
				  34 CFR
				  104.33 )
B. Local educational agencies are required to
				  adopt grievance procedures that incorporate appropriate due process standards
				  and that provide for the prompt and equitable resolution of complaints. In
				  meeting the due process portion of this requirement, local educational agencies
				  may utilize the due process hearing system specified in
				  8VAC20-81-210 to resolve disputes
				  regarding the identification, evaluation, or educational placement of qualified
				  persons who have a disability. If this procedure is selected, the local school
				  system is responsible for 100 percent of the reimbursement costs to the special
				  education hearing officer and any other costs incurred and requested by the
				  special education hearing officer or school division. The Virginia Department
				  of Education trains special education hearing officers on 504 requirements. (
				  34 CFR
				  104.7 and
				  34 CFR
				  104.36 )
Statutory Authority
§§ 22.1-16 and 22.1-214 of the Code of
						Virginia; 20 USC § 1400 et seq.; 34 CFR Part
						300.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 81 - REGULATIONS GOVERNING SPECIAL EDUCATION PROGRAMS FOR CHILDREN WITH DISABILITIES IN VIRGINIA › Part VI - Compliance with section 504 of the Rehabilitation Act of 1973, as Amended › Section 8VAC20-81-340 - Special education caseload staffing requirements

Current through Register Vol. 40, No. 24, July 15, 2024
Figure 1: Local school division caseload maximums as funded
					 by the Virginia Appropriation Act.
Disability Category
Level II
Level I
With Paraprofessional 100% of the time
Without Paraprofessional 100% of the Time
Autism
8
6
24
Deaf-blindness
8
6
Developmental Delay: age 5-6
10
8
Developmental Delay: age 2-5
8 Center-based 10 Combined
12 Home-based and/or Itinerant
Emotional Disability
10
8
24
Hearing Impairment/Deaf
10
8
24
Intellectual Disability
10
8
24
Learning Disability
10
8
24
Multiple Disabilities
8
6
Orthopedic Impairment
10
8
24
Other Health Impairment
10
8
24
Speech or Language Impairment
NA
NA
68 (Itinerant)
Traumatic Brain Injury
May be placed in any program, according to
							 the IEP.
Combined group of students needing Level I services
							 with students needing Level II services
20 Points (see Figure 2)
Figure 2: Values for students receiving Level I services
					 when combined with students receiving Level II services.
Disability Category
Level II Values
Level I
With Paraprofessional 100% of the time
Without Paraprofessional 100% of the time
Values
Autism
2.5
3.3
1
Deaf-blindness
2.5
3.3
1
Developmental Delay: age 5-6
2.0
2.5
1
Emotional Disability
2.0
2.5
1
Hearing Impairment/Deaf
2.0
2.5
1
Intellectual Disability
2.0
2.5
1
Learning Disability
2.0
2.5
1
Multiple Disabilities
2.5
3.3
1
Orthopedic Impairment
2.0
2.5
1
Other Health Impairment
2.0
2.5
1
Traumatic Brain Injury
2.0
2.5
1
Statutory Authority
§§ 22.1-16 and 22.1-214 of the Code of
						Virginia.