Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 750 - REGULATIONS GOVERNING THE USE OF SECLUSION AND RESTRAINT IN PUBLIC ELEMENTARY AND SECONDARY SCHOOLS IN VIRGINIA › Section 8VAC20-750-20 - General definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter shall
				  have the following meanings unless the context clearly indicates
				  otherwise:
"Behavioral intervention plan" or "BIP" means a plan that
				  utilizes positive behavioral interventions and supports to address (i)
				  behaviors that interfere with a student's learning or that of others or (ii)
				  behaviors that require disciplinary action.
"Board" means the Virginia Board of Education.
"Business day" means Monday through Friday, 12 months of the
				  year, exclusive of federal and state holidays (unless holidays are specifically
				  included in the designation of business days).
"Chapter" means these regulations, that is, Regulations
				  Governing the Use of Seclusion and Restraint in Public Elementary and Secondary
				  Schools in Virginia, 8VAC20-750.
"Calendar days" means consecutive days, inclusive of
				  Saturdays and Sundays. Whenever any period of time fixed by this chapter
				  expires on a Saturday, Sunday, federal holiday, or state holiday, the period of
				  time for taking such action shall be extended to the next day that is not a
				  Saturday, Sunday, federal holiday, or state holiday.
"Child with a disability" or "student with a disability"
				  means a public elementary or secondary school student evaluated in accordance
				  with the provisions of 8VAC20-81 as having an intellectual disability, a
				  hearing impairment (including deafness), a speech or language impairment, a
				  visual impairment (including blindness), a serious emotional disability
				  (referred to in 8VAC20-81 as an emotional disability), an orthopedic
				  impairment, autism, traumatic brain injury, other health impairment, a specific
				  learning disability, deaf-blindness, or multiple disabilities who, by reason
				  thereof, requires special education and related services. This also includes
				  developmental delay if the school division recognizes this category as a
				  disability under
				  8VAC20-81-80 M 3. If
				  it is determined through an appropriate evaluation that a child has one of the
				  disabilities identified but only needs related services and not special
				  education, the child is not a child with a disability under 8VAC20-81. If the
				  related service required by the child is considered special education rather
				  than a related service under Virginia standards, the child would be determined
				  to be a child with a disability. As used in this chapter, the disability
				  categories set forth in this definition and the terms "special education" and
				  "related services" shall have the meanings set forth in
				  8VAC20-81-10.
"Day" means calendar day unless otherwise designated as
				  business day or school day.
"Department" means the Virginia Department of
				  Education.
"Evaluation" means procedures used in accordance with
				  8VAC20-81 to determine whether a child has a disability and the nature and
				  extent of the special education and related services the child needs.
"Functional behavioral assessment" or "FBA" means a process
				  to determine the underlying cause or functions of a student's behavior that
				  impede the learning of the student or the learning of the student's peers. A
				  functional behavioral assessment may include a review of existing data or new
				  testing data or evaluation as determined as set forth in 8VAC20-750-70.
"Individualized education program" or "IEP" means a written
				  statement for a child with a disability that is developed, reviewed, and
				  revised at least annually in a team meeting in accordance with the Regulations
				  Governing Special Education Programs for Children with Disabilities in Virginia
				  (8VAC20-81). The IEP specifies the individual educational needs of the child
				  and what special education and related services are necessary to meet the
				  child's educational needs.
"Individualized education program team" or "IEP team" means a
				  group of individuals described in
				  8VAC20-81-110
				  that is responsible for developing, reviewing, or revising an IEP for a child
				  with a disability.
"School day" means any day, including a partial day, that
				  students are in attendance at school for instructional purposes. The term has
				  the same meaning for all students in school, including students with and
				  without disabilities.
"School personnel" means individuals employed by the school
				  division on a full-time or part-time basis or as independent contractors or
				  subcontractors as instructional, administrative, and support personnel and
				  include individuals serving as a student teacher or intern under the
				  supervision of appropriate school personnel.
"Section 504 plan" means a written plan of modifications and
				  accommodations under Section 504 of the Rehabilitation Act of 1973
				  (29 USC §
										794) .
"Student" means any student, with or without a disability,
				  enrolled in a public elementary or secondary school as defined in § 22.1-1
				  of the Code of Virginia.
1. For purposes of this chapter, the term "student" shall
				  also include those students (i) attending a public school on a
				  less-than-full-time basis, such as those students identified in §
				  22.1-253.13:2 N of the Code of Virginia; (ii) receiving homebound instruction
				  pursuant to
				  8VAC20-131-180
				  and as defined in
				  8VAC20-81-10, without
				  regard to special education status; (iii) receiving home-based instruction
				  pursuant to
				  8VAC20-81-10; and
				  (iv) who are preschool students enrolled in a program operated by a school
				  division or receiving services from school personnel.
2. As used in this chapter, "student" shall not include
				  children meeting compulsory attendance requirements of § 22.1-254 of the
				  Code of Virginia by (i) enrollment in private, denominational, or parochial
				  schools; (ii) receipt of instruction by a tutor or teacher of qualifications
				  prescribed by the Board of Education and approved by the relevant division
				  superintendent; (iii) receipt of home instruction pursuant to § 22.1-254
				  of the Code of Virginia or (iv) receipt of instruction in a secure facility or
				  detention home as defined in § 16.1-228 of the Code of Virginia or in a
				  facility operated by the Virginia Department of Behavioral Health and
				  Developmental Services . With regard to restraint and seclusion, students
				  placed through public or private means in a private day or residential school
				  for students with -disabilities shall be afforded the protections set forth in
				  8VAC20-671.
"Traumatic brain injury" means an acquired injury to the
				  brain caused by an external physical force or by other medical conditions,
				  including stroke, anoxia, infectious disease, aneurysm, brain tumors, and
				  neurological insults resulting from medical or surgical treatments, resulting
				  in total or partial functional disability or psychosocial impairment, or both,
				  that adversely affects a child's educational performance. "Traumatic brain
				  injury" applies to open or closed head injuries resulting in impairments in one
				  or more areas, such as cognition; language; memory; attention; reasoning;
				  abstract thinking; judgment; problem-solving; sensory, perceptual, and motor
				  abilities; psychosocial behavior; physical functions; information processing;
				  and speech. "Traumatic brain injury" does not apply to brain injuries that are
				  congenital or degenerative, or to brain injuries induced by birth
				  trauma.
Statutory Authority: § 22.1-16 of the Code of
					 Virginia.