reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 671 - REGULATIONS GOVERNING THE OPERATION OF PRIVATE SCHOOLS FOR STUDENTS WITH DISABILITIES › Section 8VAC20-671-20 - Exemptions

Current through Register Vol. 40, No. 24, July 15, 2024
This chapter shall not apply to any of the following:
1. Any school that is licensed or approved
				pursuant to other statutes of the Commonwealth;
2. Any public or private high school
				accredited or recognized by the Board of Education that has offered or may
				offer programs for students with disabilities covered in this chapter if any
				tuition, fees, and charges made by the school are collected in accordance with
				the regulations prescribed by the governing body of such school;
3. Tutorial instruction given in a private
				home or elsewhere as supplemental to regular classes for students enrolled in
				any public or private school or in preparation of an individual for an
				examination for professional practice or higher education;
4. A program through which persons with
				disabilities are provided employment and training primarily in simple skills in
				a sheltered or protective environment; or
5. Any privately owned or operated preschool,
				or elementary, middle, or secondary school that operates primarily to provide
				educational services to students without disabilities, although the school may
				serve children with disabilities in a regular academic setting.
Statutory Authority: §§ 22.1-16 and 22.1-321 of
					 the Code of Virginia.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 671 - REGULATIONS GOVERNING THE OPERATION OF PRIVATE SCHOOLS FOR STUDENTS WITH DISABILITIES › Section 8VAC20-671-30 - Licenses generally

Current through Register Vol. 40, No. 24, July 15, 2024
A. The Board
				of Education has established general requirements for a license to operate a
				private school for students with disabilities and has authorized the
				Superintendent of Public Instruction to issue licenses. The following applies
				in accordance with § 22.1-323 of the Code of Virginia:
1. No person shall open, operate, or conduct
				any school for students with disabilities in this Commonwealth without a
				license to operate.
2. A license to
				operate shall be restricted to the disability categories specifically indicated
				on the license, which may include one or more of the disability categories in
				the definition of a school for students with disabilities in this
				chapter.
3. A license to operate
				may be issued for a period of up to three successive years.
4. The term of a school's license may be
				reduced at any time during the licensure period based on a change in the
				school's compliance with these requirements.
5. A license to operate shall be prominently
				displayed on the premises of the school in a place open for inspection by any
				interested person during the hours of operation.
6. A license to operate shall be restricted
				to the approved conditions as printed on the license. Such conditions include,
				but are not limited to, the maximum number of students that can be enrolled,
				the disability category or categories of students that can be served, age range
				and gender, and grade levels.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 671 - REGULATIONS GOVERNING THE OPERATION OF PRIVATE SCHOOLS FOR STUDENTS WITH DISABILITIES › Section 8VAC20-671-40 - Advertising

Current through Register Vol. 40, No. 24, July 15, 2024
The following provisions consistent with § 22.1-325 of
				  the Code of Virginia regarding advertisement of a school shall apply:
1. No school may use the seal of the
				Commonwealth in any advertisement, publication, or document, including
				diplomas, certificates, and other awards.
2. The advertisement of a school shall be in
				a form and manner that is free from misrepresentation, deception, or fraud and
				shall conform to the following:
a. The
				complete school name as listed on the license to operate shall be used in all
				publicity, publications, or promotions or for marketing purposes.
b. Advertisement shall not expressly or by
				implication indicate by any means that the license to operate represents an
				endorsement by the Virginia Department of Education or the Board of
				Education.
c. No fraudulent or
				misleading statement shall be in print or nonprint about the school's admission
				policy, tuition and fees; programs and services; size and location; or any
				other information concerning the school.
d. Endorsements, commendations, or
				recommendations by students, individuals, manufacturers, business
				establishments, or organizations are prohibited except with their written
				consent and without any offer of financial compensation.
e. The accrediting agency shall be named
				using its official title if accreditation is used as part of a school's
				promotional materials.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 671 - REGULATIONS GOVERNING THE OPERATION OF PRIVATE SCHOOLS FOR STUDENTS WITH DISABILITIES › Section 8VAC20-671-50 - Types of licenses

Current through Register Vol. 40, No. 24, July 15, 2024
The following shall apply consistent with §§
				  22.1-323, 22.1-323.1, and 22.1-323.2 of the Code of Virginia:
1. A conditional license may be issued upon
				approval of an application to operate a school for students with disabilities
				not to exceed a period of six months .
A conditional license may be renewed for a period of six
				  months when a new school demonstrates compliance with administrative and policy
				  requirements but has not fully demonstrated substantial compliance with
				  requirements of this chapter .
2. An annual license may be issued under the
				following conditions and may be extended for a period not to exceed 36
				successive months:
a. A school provides notice
				for continued licensure while holding a conditional or provisional
				license.
b. When a school holds a
				provisional license and substantially meets the requirements of this
				chapter;
c. When a school makes
				significant changes in its operation.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 671 - REGULATIONS GOVERNING THE OPERATION OF PRIVATE SCHOOLS FOR STUDENTS WITH DISABILITIES › Section 8VAC20-671-60 - Change in condition

Current through Register Vol. 40, No. 24, July 15, 2024
A. A
				condition of a license may be modified during the term of the license with
				respect to: capacity of the school or classrooms; disability category or
				categories of students served; age range ; grade levels, change in location;
				change in services; change in ownership; merger of schools; and enrollment of
				day student(s) in a residential setting.
B. A change in a condition shall not be
				implemented prior to approval by the department .
Statutory Authority: §§ 22.1-16 and 22.1-321 of
					 the Code of Virginia.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 671 - REGULATIONS GOVERNING THE OPERATION OF PRIVATE SCHOOLS FOR STUDENTS WITH DISABILITIES › Section 8VAC20-671-70 - License to operate is nontransferable

Current through Register Vol. 40, No. 24, July 15, 2024
A change of ownership occurs when control of a school changes
				  from one owner to another. If there is a change in ownership, the following
				  shall apply:
1. The licensee shall
				notify the department at least 30 calendar days prior to the proposed
				change.
2. The new owner shall
				submit an initial application for a license to operate to the department within
				30 calendar days following the effective date of the change in
				ownership.
3. The school may
				operate under the existing license for 60 calendar days from the effective date
				of the change in ownership at which time a conditional license may be
				issued.
Statutory Authority: §§ 22.1-16 and 22.1-321 of
					 the Code of Virginia.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 671 - REGULATIONS GOVERNING THE OPERATION OF PRIVATE SCHOOLS FOR STUDENTS WITH DISABILITIES › Section 8VAC20-671-80 - Penalty for noncompliance in obtaining a license to operate

Current through Register Vol. 40, No. 24, July 15, 2024
Operating a school for students with disabilities without a
				  license shall result in the following penalties allowed in § 22.1-331 of
				  the Code of Virginia:
1. Any person
				who opens, operates, or conducts a school without first obtaining a license to
				operate shall be guilty of a Class 2 misdemeanor.
2. Each day such person who permits the
				school to be open and operate without a license shall incur a separate
				offense.
3. The department shall
				refer any person who opens, operates, or conducts a school for students with
				disabilities without a license to the appropriate Commonwealth's attorney
				.
Statutory Authority: §§ 22.1-16 and 22.1-321 of
					 the Code of Virginia.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 671 - REGULATIONS GOVERNING THE OPERATION OF PRIVATE SCHOOLS FOR STUDENTS WITH DISABILITIES › Section 8VAC20-671-90 - List of private schools for students with disabilities

Current through Register Vol. 40, No. 24, July 15, 2024
The department shall maintain a list of schools holding valid
				  licenses to operate that shall be available to the public . The list may
				  include additional information to inform the public about the school's
				  operation.
Statutory Authority: §§ 22.1-16 and 22.1-321 of
					 the Code of Virginia.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 671 - REGULATIONS GOVERNING THE OPERATION OF PRIVATE SCHOOLS FOR STUDENTS WITH DISABILITIES › Section 8VAC20-671-100 - Initial application

Current through Register Vol. 40, No. 24, July 15, 2024
To obtain a license to operate a school for students with
				  disabilities, an application shall be filed with the Virginia Department of
				  Education. A completed initial application shall include the following:
1. Complete name with physical and mailing
				addresses of the school;
2. Name
				and address of owners, controlling officials, and managing employees;
3. Evidence that the applicant has assessed
				the community's need for a new school ;
4. Evidence of the applicant's compliance
				with the applicable regulations of the State Corporation Commission when the
				school is owned by a partnership or corporation;
5. Narrative description of building and
				scale drawings or copy of all floor plans including room use and
				dimensions;
6. Certificate of
				occupancy with educational use group or other report from the appropriate
				government agency or agencies indicating that the location meets applicable
				zoning, building code, use permit, business license, fire safety, and
				sanitation requirements;
7. Copy of
				the deed, lease, or other legal instrument authorizing the school to occupy
				such location;
8. Proposed working
				budget for the year showing projected revenue and expenses for the first year
				of operation and a balance sheet showing assets and liabilities; a three-year
				financial plan; and documentation of sufficient operating capital or line of
				credit to carry the school through the first year of operation;
9. Original signed surety bond, irrevocable
				letter of credit, or certificate of deposit to protect the contractual rights
				of parents and students;
10.
				Schedule of tuition and other fees and the procedure for collecting and
				refunding tuition;
11. Copies of
				all proposed advertisements;
12.
				Description of the education program to include disability category or
				categories to be served, enrollment capacity, grade level or levels, age range,
				gender, and course offerings;
13.
				Listing of instructional resources and equipment;
14. Description of related
				services;
15. School's policy
				manual;
16. Proposed staffing and
				organizational chart;
17. Job
				description for each position;
18.
				Parent/student handbook;
19.
				Statement regarding transportation services if the school provides
				transportation for students;
20.
				Statement regarding provision of student lunches;
21. Description of the behavior management
				program; and
22. Any other
				information necessary to complete the application process.
Statutory Authority: §§ 22.1-16 and 22.1-321 of
					 the Code of Virginia.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 671 - REGULATIONS GOVERNING THE OPERATION OF PRIVATE SCHOOLS FOR STUDENTS WITH DISABILITIES › Section 8VAC20-671-110 - Applicant commitments

Current through Register Vol. 40, No. 24, July 15, 2024
Each application for a license to operate a school for
				  students with disabilities shall contain the following commitments:
1. To conduct the school in accordance with
				all applicable regulations of the board;
2. To permit the board or department to
				inspect the school or classes being conducted therein at any time and to make
				available to the board or department, when requested to do so, all information
				pertaining to the activities of the school required for the administration of
				this chapter, including its financial condition;
3. To advertise the school at all times in a
				form and manner that is free from misrepresentation, deception, or fraud and to
				conform to provisions of the board governing such advertising;
4. To ensure that all representations made by
				an agent of the school are free from misrepresentation, deception, or fraud and
				to conform to provisions of the board governing such advertising;
5. To display the current license to operate
				prominently where it may be inspected by students, visitors, and the board or
				department; and
6. To maintain all
				premises, equipment, and facilities of the school in an adequate, safe, and
				sanitary condition.
Statutory Authority: §§ 22.1-16 and 22.1-321 of
					 the Code of Virginia.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 671 - REGULATIONS GOVERNING THE OPERATION OF PRIVATE SCHOOLS FOR STUDENTS WITH DISABILITIES › Section 8VAC20-671-120 - Assessment of application

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				department shall evaluate each application within 60 calendar days from the
				date received and advise the applicant in writing of approval or
				deficiencies.
B. The applicant
				shall correct all deficiencies within 30 calendar days from the date of the
				written assessment of the application. The department may grant an extension
				for a reasonable period of time.
C.
				The department shall conduct a review of the character, reputation, and status
				with other licensing agencies, and the responsibility of the applicant before
				issuing a license.
D. The
				department may require the applicant to meet with department staff before final
				approval of the application.
Statutory Authority: §§ 22.1-16 and 22.1-321 of
					 the Code of Virginia.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 671 - REGULATIONS GOVERNING THE OPERATION OF PRIVATE SCHOOLS FOR STUDENTS WITH DISABILITIES › Section 8VAC20-671-130 - On-site inspection

Current through Register Vol. 40, No. 24, July 15, 2024
Before a license can be issued to an applicant , the
				  department shall conduct an on-site inspection or review photographs or videos
				  of the school building and grounds to determine its suitability for the
				  operation of a school for students with disabilities.
Statutory Authority: §§ 22.1-16 and 22.1-321 of
					 the Code of Virginia.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 671 - REGULATIONS GOVERNING THE OPERATION OF PRIVATE SCHOOLS FOR STUDENTS WITH DISABILITIES › Section 8VAC20-671-140 - Renewal of licenses

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				license of each school that continues to operate as such shall be renewed on or
				before the anniversary date set by the department .
B. Each license that has not been renewed in
				accordance with this chapter shall expire .
Statutory Authority: §§ 22.1-16 and 22.1-321 of
					 the Code of Virginia.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 671 - REGULATIONS GOVERNING THE OPERATION OF PRIVATE SCHOOLS FOR STUDENTS WITH DISABILITIES › Section 8VAC20-671-150 - Monitoring

Current through Register Vol. 40, No. 24, July 15, 2024
The department shall:
1. Make at least one unannounced visit during
				the effective dates of the license to operatefor the purpose of monitoring the
				school's compliance with this chapter;
2. Notify relevant local governments and
				placing and funding agencies of health and safety or human rights
				violations.
3. Notify the
				appropriate public agencies when a school's licensure status is lowered to
				provisional;
4. Cooperate with
				other state licensing agencies in fulfilling licensing responsibilities;
				and
5. Re-examine findings of
				noncompliance in consultation with the school administrator when there is
				disagreement and amend any written report as appropriate in seven business
				days.
Statutory Authority: §§ 22.1-16 and 22.1-321 of
					 the Code of Virginia.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 671 - REGULATIONS GOVERNING THE OPERATION OF PRIVATE SCHOOLS FOR STUDENTS WITH DISABILITIES › Section 8VAC20-671-160 - Complaint resolution procedures

Current through Register Vol. 40, No. 24, July 15, 2024
A. A complaint may be filed with the
				department by any individual or organization and shall address an action that
				occurred not more than one year prior to the date the complaint is received by
				the department .
B. A complaint
				must provide a statement of some disagreement with procedures or process
				regarding any matter relative to this chapter or other applicable
				regulations.
C. Upon receipt of a
				complaint, the department shall initiate an investigation to determine whether
				the school is in compliance with applicable laws and regulations in accordance
				with the following procedures:
1. Within
				seven business days of the receipt of a complaint, the department shall provide
				written notification to each complainant and the private school.
a. The notification sent to the school shall
				include:
(1) A copy of the
				complaint;
(2) An offer of
				technical assistance in resolving the complaint;
(3) A statement that the school has the
				opportunity to propose a resolution of the complaint;
(4) A request that the school submit within
				10 business days of receipt of the letter of notification either:
(a) Written documentation that the complaint
				has been resolved; or
(b) If the
				complaint was not resolved, a written response including all requested
				documentation.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 671 - REGULATIONS GOVERNING THE OPERATION OF PRIVATE SCHOOLS FOR STUDENTS WITH DISABILITIES › Section 8VAC20-671-170 - Denial, revocation, or suspension of license

Current through Register Vol. 40, No. 24, July 15, 2024
A. The board may refuse to issue or renew a
				license to operate or may revoke or suspend a license issued to any school
				pursuant to this chapter for the following causes :
1. Violating any provision of this chapter or
				regulation of the board;
2.
				Furnishing false, misleading, or incomplete information to the board or
				department or failure to furnish information requested by the board or
				department;
3. Violating any
				commitment made in an application for a license;
4. Presenting either by the school or by any
				agent of the school to prospective students information relating to the school
				which is false, misleading, or fraudulent;
5. Failing to provide or maintain premises or
				equipment in a safe and sanitary condition as required by law;
6. Making any false promises through agents
				or by advertising or otherwise of a character likely to influence, persuade, or
				induce enrollments;
7. Paying a
				commission or valuable consideration to any person for any act of service
				performed in willful violation of this chapter;
8. Failing to maintain financial resources
				adequate for the satisfactory conduct of courses of instruction offered or to
				retain a sufficient or qualified instructional staff;
9. Demonstrating unworthiness or incompetency
				to conduct the school in a manner calculated to safeguard the interests of the
				public;
10. Failing within a
				reasonable time to provide information requested by the board or department as
				a result of a formal or informal complaint to or by the board or department
				that would indicate a violation of these requirements;
11. Attempting to use or employ any enrolled
				students in any commercial activity whereby the school receives any
				compensation whatsoever without reasonable remuneration to the student, except
				to the extent that employment of students in such activities is necessary or
				essential to their training and is permitted and authorized by the board;
				or
12. Engaging in or authorizing
				any other conduct, whether of the same or of a different character from that
				specified in this section, that constitutes fraudulent or dishonest
				dealings.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 671 - REGULATIONS GOVERNING THE OPERATION OF PRIVATE SCHOOLS FOR STUDENTS WITH DISABILITIES › Section 8VAC20-671-180 - Summary or final order of suspension

Current through Register Vol. 40, No. 24, July 15, 2024
In compliance with § 22.1-329 of the Code of Virginia,
				  the following shall apply:
1. In
				addition to the authority for other disciplinary actions provided in this
				chapter, the Superintendent of Public Instruction may issue a summary order of
				suspension of a license of a residential or day school for students with
				disabilities in conjunction with any proceeding for revocation, denial, or
				other action when conditions or practices exist in the school that pose an
				immediate and substantial threat to the health, safety, and welfare of the
				students who are residing or attending the school and the Superintendent of
				Public Instruction believes the operation of the school should be suspended
				during the pendency of such proceeding.
2. The summary order of suspension shall take
				effect upon its issuance and shall be served on the licensee or its designee as
				soon as practicable thereafter by personal service and certified mail, return
				receipt requested, to the address of record of the licensee. The order shall
				state the time, date, and location of a hearing to determine whether the
				suspension is appropriate. Such hearing shall be held no later than three
				business days after the issuance of the summary order of suspension and shall
				be convened by the Superintendent of Public Instruction or designee.
3. After such hearing, the Superintendent of
				Public Instruction may issue a final order of summary suspension or may find
				that such summary suspension is not warranted by the facts and circumstances
				presented. A final order of summary suspension shall include notice that the
				licensee may appeal the Superintendent of Public Instruction's decision to the
				appropriate circuit court no later than 10 days following issuance of the
				order. The sole issue before the court shall be whether the Superintendent of
				Public Instruction had reasonable grounds to require the licensee to cease
				operations during the pendency of the concurrent revocation, denial, or other
				proceeding. The concurrent revocation, denial, or other proceeding shall not be
				affected by the outcome of any hearing on the appropriateness of the summary
				suspension.
4. The willful and
				material failure to comply with the summary order of suspension or final order
				of summary suspension shall be punishable as a Class 2 misdemeanor. The
				Superintendent of Public Instruction may require the cooperation of any other
				agency or subdivision of the Commonwealth in the relocation of students who are
				residents of a home or facility whose license has been summarily suspended
				pursuant to this section and in any other actions necessary to reduce the risk
				of further harm to students.
Statutory Authority: §§ 22.1-16 and 22.1-321 of
					 the Code of Virginia.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 671 - REGULATIONS GOVERNING THE OPERATION OF PRIVATE SCHOOLS FOR STUDENTS WITH DISABILITIES › Section 8VAC20-671-190 - Timeline for correction of unsatisfactory conditions

Current through Register Vol. 40, No. 24, July 15, 2024
In compliance with § 22.1-330 of the Code of Virginia,
				  the board or department:
1. May, upon
				its own motion, and shall, upon the verified complaint in writing of any person
				setting forth facts that if proved would constitute grounds for refusal,
				suspension, or revocation of a license, investigate the actions of any
				applicant for or any person or persons holding or claiming to hold a license to
				operate a school .
2. Before
				refusing to renew, revoking, or suspending any license, may grant such period
				of time as it deems reasonable to correct any unsatisfactory
				condition.
Statutory Authority: §§ 22.1-16 and 22.1-321 of
					 the Code of Virginia.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 671 - REGULATIONS GOVERNING THE OPERATION OF PRIVATE SCHOOLS FOR STUDENTS WITH DISABILITIES › Section 8VAC20-671-200 - Governing body

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each school
				shall use its complete name as printed on the license to operate for all
				publicity, publications, promotions, or marketing purposes.
B. Any governing board, body, entity, or
				person to whom it delegates the legal responsibilities and duties of the
				licensee shall be clearly identified.
Statutory Authority: §§ 22.1-16 and 22.1-321 of
					 the Code of Virginia.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 671 - REGULATIONS GOVERNING THE OPERATION OF PRIVATE SCHOOLS FOR STUDENTS WITH DISABILITIES › Section 8VAC20-671-220 - Fiscal accountability

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				licensee shall prepare at the end of each fiscal year:
1. An operating statement to include a
				month-to-month accounting of revenue and expenses for the fiscal year just
				ended;
2. A working budget showing
				projected revenue and expenses for the next fiscal year that gives evidence of
				sufficient funds to operate; and
3.
				A balance sheet showing assets and liabilities for the fiscal year just
				ended.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 671 - REGULATIONS GOVERNING THE OPERATION OF PRIVATE SCHOOLS FOR STUDENTS WITH DISABILITIES › Section 8VAC20-671-230 - Protection of contractual rights

Current through Register Vol. 40, No. 24, July 15, 2024
In compliance with § 22.1-324 of the Code of
				  Virginia
,
provisions for the protection of contractual rights
				  shall include the following:
1. With
				each application, the applicant shall submit and maintain a guaranty instrument
				payable to the Commonwealth of Virginia to protect the contractual rights of
				students and other contracting parties.
2. The guaranty instrument shall be based on
				the school's approved capacity. A guaranty of $10,000 for up to 25 students and
				$5,000 for each additional 25 students shall apply.
3. In the event a guaranty instrument is
				terminated, the license to operate will terminate within 30 calendar days if a
				replacement bond or other instrument is not filed with the department
				.
4. If a school collects no
				advance tuition other than equal monthly installments or receives payment after
				services have been rendered, the school may apply to the department for
				exemption from the guaranty requirements.
Statutory Authority: §§ 22.1-16 and 22.1-321 of
					 the Code of Virginia.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 671 - REGULATIONS GOVERNING THE OPERATION OF PRIVATE SCHOOLS FOR STUDENTS WITH DISABILITIES › Section 8VAC20-671-240 - Insurance

Current through Register Vol. 40, No. 24, July 15, 2024
A. The licensee
				shall maintain liability insurance covering the premises and the school's
				operation.
B. The licensee shall
				maintain liability insurance on all vehicles used to transport students,
				including vehicles owned by staff. The school shall obtain written consent from
				the parent to transport a student in a staff member's personal vehicle.
C. The members of the governing
				body and staff who are authorized to handle school or student funds shall be
				bonded or indemnified against employee dishonesty .
Statutory Authority: §§ 22.1-16 and 22.1-321 of
					 the Code of Virginia.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 671 - REGULATIONS GOVERNING THE OPERATION OF PRIVATE SCHOOLS FOR STUDENTS WITH DISABILITIES › Section 8VAC20-671-250 - Fundraising

Current through Register Vol. 40, No. 24, July 15, 2024
A. Written consent
				of the parent shall be obtained before allowing a student to participate in any
				school fundraising activity.
B. No
				student shall be forced to participate in any school fundraising activity.
Statutory Authority: §§ 22.1-16 and 22.1-321 of
					 the Code of Virginia.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 671 - REGULATIONS GOVERNING THE OPERATION OF PRIVATE SCHOOLS FOR STUDENTS WITH DISABILITIES › Section 8VAC20-671-260 - Relationship to the department

Current through Register Vol. 40, No. 24, July 15, 2024
The licensee shall make information available to the
				  department upon the requested due date in order to make a timely determination
				  of compliance with this chapter and other applicable regulations and statutes.
				  The department may alter the term of a license if the school fails to comply in
				  a reasonable time period.
Statutory Authority: §§ 22.1-16 and 22.1-321 of
					 the Code of Virginia.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 671 - REGULATIONS GOVERNING THE OPERATION OF PRIVATE SCHOOLS FOR STUDENTS WITH DISABILITIES › Section 8VAC20-671-270 - Personnel policies and procedures

Current through Register Vol. 40, No. 24, July 15, 2024
A. The licensee shall have written personnel
				policies and procedures that include, but are not limited to, job
				qualifications, job descriptions, supervision, evaluation, dispute resolution ,
				and termination.
1. The licensee shall
				develop and implement written policies and procedures that persons appointed or
				designated to assume the responsibilities of each position possess the
				education, experience, skills, and abilities specified in the job
				description.
2. The licensee shall
				make written personnel policies and procedures accessible to each
				employee.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 671 - REGULATIONS GOVERNING THE OPERATION OF PRIVATE SCHOOLS FOR STUDENTS WITH DISABILITIES › Section 8VAC20-671-280 - Job qualifications

Current through Register Vol. 40, No. 24, July 15, 2024
A person who assumes or is designated to assume the
				  responsibilities of a position or any combination of positions described in
				  this chapter shall meet the qualifications of the position, comply with all
				  applicable regulations for each function, and demonstrate a working knowledge
				  of the policies and procedures applicable to the position.
Statutory Authority: §§ 22.1-16 and 22.1-321 of
					 the Code of Virginia.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 671 - REGULATIONS GOVERNING THE OPERATION OF PRIVATE SCHOOLS FOR STUDENTS WITH DISABILITIES › Section 8VAC20-671-290 - Job descriptions

Current through Register Vol. 40, No. 24, July 15, 2024
A. There
				shall be a written job description for each position that includes job title;
				duties and responsibilities; job title of the immediate supervisor; and minimum
				education, experience, skills, and abilities required for entry-level
				performance of the job.
B. A copy
				of the job description shall be given to each person assigned to a position at
				the time of employment or assignment.
Statutory Authority: §§ 22.1-16 and 22.1-321 of
					 the Code of Virginia.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 671 - REGULATIONS GOVERNING THE OPERATION OF PRIVATE SCHOOLS FOR STUDENTS WITH DISABILITIES › Section 8VAC20-671-300 - School administrators

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				licensee shall designate an individual(s) who is a graduate of an accredited
				college or university and is responsible for the administrative operation of
				the school . This individual may also serve as the instructional leader.
B. The school administrator shall:
1. Protect the academic instructional time
				from unnecessary interruptions ;
2.
				Seek to maintain a safe and secure school environment;
3. Involve the school staff in identifying
				staff development needs to improve student achievement and ensure staff
				participation ;
4. Analyze
				classroom practices and methods for improvement of instruction;
5. Ensure student education records are
				maintained confidentially ; and
6.
				Monitor and evaluate the quality of instruction and provide supports as needed
				to improve instruction.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 671 - REGULATIONS GOVERNING THE OPERATION OF PRIVATE SCHOOLS FOR STUDENTS WITH DISABILITIES › Section 8VAC20-671-310 - Teachers and staffing

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each
				teacher shall meet the requirements of the Board of Education's Licensure
				Regulations for School Personnel (8VAC20-22).
1. Schools where students are instructed by
				content or grade level endorsed teachers shall have available appropriately
				endorsed special education teachers to case manage IEPs and to provide
				disability specific technical assistance and instruction.
2. Schools offering only self-contained
				classroom instruction shall have teachers endorsed in either special education
				general curriculum or special education adapted curriculum depending on the
				functioning levels of the students.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 671 - REGULATIONS GOVERNING THE OPERATION OF PRIVATE SCHOOLS FOR STUDENTS WITH DISABILITIES › Section 8VAC20-671-320 - Substitute teachers

Current through Register Vol. 40, No. 24, July 15, 2024
A. No
				substitute teacher shall be used to fill a vacant teaching position for more
				than 90 teaching days in such vacancy during one school year.
B. Substitute teachers shall be at least 18
				years of age, hold a high school diploma or a General Educational Development
				(GED) certificate , have two years of full-time postsecondary education or two
				years of work experience with children .
C. A substitute teacher employed to fill a
				teacher vacancy shall receive orientation to the school's policies and
				procedures.
Statutory Authority: §§ 22.1-16 and 22.1-321 of
					 the Code of Virginia.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 671 - REGULATIONS GOVERNING THE OPERATION OF PRIVATE SCHOOLS FOR STUDENTS WITH DISABILITIES › Section 8VAC20-671-330 - Support staff

Current through Register Vol. 40, No. 24, July 15, 2024
A. School
				support personnel, including contractual service providers, shall meet the
				Board of Education's Licensure Regulations for School Personnel (8VAC20-22) or
				the requirements of another state or national accrediting agency.
B. Paraprofessionals and other ancillary
				staff shall be at least 18 years of age (21 years of age preferred), at a
				minimum hold a high school diploma or General Educational Development (GED)
				certificate , have two years of work experience with children or completed two
				years of coursework in a related field, or upon employment complete within 60
				calendar days of hire training specific to the assigned student population and
				job duties as they relate to the academic and behavioral progress of students.
				Such training shall include individualized instruction and student behavior
				management, including principles and strategies to reduce interfering behavior,
				build positive skills, and enhance communication of students with autism
				spectrum disorders .
C. No support
				staff shall be used as replacement for teachers or related service staff unless
				they meet the qualifications of the position.
D. Support staff who do not meet licensure or
				certification requirements shall not be given misleading work titles or titles
				that infer they meet required credentials.
E. Paraprofessionals shall work under the
				supervision of qualified professional staff.
Statutory Authority: §§ 22.1-16 and 22.1-321 of
					 the Code of Virginia.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 671 - REGULATIONS GOVERNING THE OPERATION OF PRIVATE SCHOOLS FOR STUDENTS WITH DISABILITIES › Section 8VAC20-671-340 - Staff supervision

Current through Register Vol. 40, No. 24, July 15, 2024
The licensee shall develop and implement written policies and
				  procedures regarding the supervision of employees , full-time and part-time,
				  and all other staff including volunteers and student interns working in the
				  school building or on school grounds .
Statutory Authority: §§ 22.1-16 and 22.1-321 of
					 the Code of Virginia.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 671 - REGULATIONS GOVERNING THE OPERATION OF PRIVATE SCHOOLS FOR STUDENTS WITH DISABILITIES › Section 8VAC20-671-350 - Staff development

Current through Register Vol. 40, No. 24, July 15, 2024
A. Within
				seven calendar days following staff's begin date, each staff member responsible
				for working with students shall receive orientation of the school's philosophy,
				goals and objectives; duties and responsibilities of their position; and the
				school's policy and procedures for behavior intervention.
B. Within 14 calendar days following staff's
				begin date and before an individual is alone supervising students , all staff
				shall receive emergency preparedness and response training that shall include:
				alerting emergency personnel and sounding alarms; implementing evacuation
				procedures with particular attention to students with special needs; using,
				maintaining, and operating emergency equipment; accessing emergency information
				for students including medical information; and utilizing community support
				services.
C. Within 14 calendar
				days following staff's begin date, staff shall receive professional development
				on confidentiality; the school's administrative decision-making plan; and
				policies and procedures , including prohibited actions, that are applicable to
				their positions, duties, and responsibilities.
D. Within 30 calendar days following staff's
				begin date, staff shall receive training on the school's policy and procedures,
				including standard precautions, child abuse and neglect, mandatory reporting ,
				maintaining appropriate professional relationships and interactions among staff
				and students, and suicide prevention .
E. All staff shall receive annual
				professional development and refresher on the school's policies and procedures
				on standard precautions; emergency preparedness and response to include
				alerting emergency personnel and sounding alarms; implementing evacuation
				procedures with particular attention to students with special needs; using,
				maintaining, and operating emergency equipment ; and accessing emergency
				information for students and staff including medical information and utilizing
				community supports .
F. All staff
				shall receive annual professional development and refresher on behavior
				supports, child abuse and neglect, mandatory reporting , maintaining
				appropriate professional relationships and interactions among staff and
				students, and suicide prevention .
G. Each staff who works directly with
				students shall annually receive 15 hours of professional development related to
				student progress and academic achievement that is applicable to the population
				served and to their job duties .
Statutory Authority: §§ 22.1-16 and 22.1-321 of
					 the Code of Virginia.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 671 - REGULATIONS GOVERNING THE OPERATION OF PRIVATE SCHOOLS FOR STUDENTS WITH DISABILITIES › Section 8VAC20-671-360 - Personnel records

Current through Register Vol. 40, No. 24, July 15, 2024
A. Separate
				up-to-date personnel records shall be maintained for each full-time and
				part-time employee, student intern, and volunteer for whom background
				investigations are required by Virginia statute. Content of personnel records
				of volunteers, student interns, and contractual service providers shall
				include, at a minimum, documentation of compliance with requirements of
				Virginia laws regarding child protective services and criminal history
				background investigations.
B.
				Records shall be maintained for each staff to include:
1. A completed employment application or
				other documentation providing the individual's name, address, and telephone
				number;
2. Documentation of
				qualifications , including educational background and professional licensure or
				certification ;
3. Employment
				history;
4. Written references or
				notations of oral references;
5.
				Reports of required tuberculosis certificate ;
6. Annual performance evaluations;
7. Date of employment for each position held
				and date of separation;
8.
				Documentation of compliance with requirements of Virginia laws regarding child
				protective services and criminal history background investigations;
9. Driving record verification from the
				Department of Motor Vehicles and a current copy of the driver's license for
				staff who transport students;
10.
				Documentation of all training required by this chapter and any other training
				or professional development received by individual staff; and
11. A current job description.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 671 - REGULATIONS GOVERNING THE OPERATION OF PRIVATE SCHOOLS FOR STUDENTS WITH DISABILITIES › Section 8VAC20-671-370 - School facilities and safety

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each school shall be maintained in
				compliance with the Virginia Uniform Statewide Building Code(13VAC5-63).
B. Each school shall maintain a
				physical plant that is accessible, barrier free, safe, and clean .
C. Each school shall provide safe and
				adequate instructional areas, space for administrative staff, pupil personnel
				services, library and media services, and physical education . Schools
				established after the effective date of these regulations and classrooms added
				to existing buildings shall provide at least 50 square feet of classroom or
				instructional area per student excluding classroom fixtures.
D. Each school shall provide adequate, safe,
				and properly equipped classrooms and instructional areas, and where appropriate
				, laboratories, play areas, and dining areas that meet the needs of students
				and instruction .
E. Each school
				shall provide space for safe storage of items such as first aid equipment,
				medication, household supplies, school supplies, and equipment.
F. After the initial application, the school
				shall document annually that buildings and equipment are maintained in
				accordance with the Virginia Statewide Fire Prevention Code (13VAC5-51) and
				maintain records of regular safety, health, and fire inspections conducted and
				certified by local health and fire departments.
G. Building plans and specifications for new
				construction, change in use of existing buildings, and any structural
				modifications or additions to existing buildings shall be submitted in advance
				to the department for approval.
H.
				Animals allowed on the premises shall be tested, inoculated, and licensed as
				required by law.
I. Swimming pools
				shall be inspected annually by the state or local health authorities or by a
				swimming pool business.
J. There
				shall be a written policy concerning the provision of safeguards for
				water-related activities and a provision that a certified lifeguard supervises
				all swimming activities .
K. There
				shall be a written policy regarding safeguards for school-sponsored activities
				including adventure and wilderness activities.
L. There shall be a communication system
				available to staff at all times in the classroom and during school-sponsored
				activities.
M. Schools shall have
				safeguards to be able to identify any visitor in the school building and on the
				premises during the school day.
Statutory Authority: §§ 22.1-16 and 22.1-321 of
					 the Code of Virginia.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 671 - REGULATIONS GOVERNING THE OPERATION OF PRIVATE SCHOOLS FOR STUDENTS WITH DISABILITIES › Section 8VAC20-671-380 - Contingency plans

Current through Register Vol. 40, No. 24, July 15, 2024
A. A school shall
				have contingency plans for medical emergencies that include staff certification
				in cardiopulmonary resuscitation (CPR), emergency first aid , and medication
				administration .
B. The school
				administration shall ensure that the school has:
1. Written procedures to follow in
				emergencies such as fire, injury, illness, and violent or threatening behavior.
				Contingency plans should be developed with the assistance of state or local
				public safety authorities. Such plans shall be outlined in the student handbook
				and reviewed with staff and students during the first week of each school
				year;
2. Space for the proper care
				of students who become ill; and
3.
				A written procedure for responding to violent, disruptive, or illegal
				activities by students on school property or during a school-sponsored
				activity.
Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 671 - REGULATIONS GOVERNING THE OPERATION OF PRIVATE SCHOOLS FOR STUDENTS WITH DISABILITIES › Section 8VAC20-671-390 - Weapons

Current through Register Vol. 40, No. 24, July 15, 2024
The licensee shall develop written policies and procedures
				  governing prohibition of weapons on school property mandated in §
				  18.2-308.1 of the Code of Virginia. The staff and students shall be annually
				  informed of the policies and procedures regarding the prohibition of weapons.
Statutory Authority: §§ 22.1-16 and 22.1-321 of
					 the Code of Virginia.