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 8VAC20-81-30 - Responsibility of local school divisions and state-operated programs

Current through Register Vol. 40, No. 24, July 15, 2024
A. The requirements
				  set forth in this chapter are applicable to local school divisions and
				  state-operated programs providing education and related services for children
				  with disabilities and are developed in accordance with state and federal laws
				  and regulations.
B. Each local
				  school division shall ensure that all children with disabilities aged two to
				  21, inclusive, residing in that school division have a right to a free
				  appropriate public education. (§ 22.1-214 of the Code of Virginia;
				  34 CFR
				  300.2,
				  34 CFR
				  300.101,
				  34 CFR
				  300.124 and 34 CFR 300.209)
The children include:
1. Children with disabilities who are
				  migrant;
2. Children with
				  disabilities who are homeless, in accordance with the provisions of the
				  McKinney-Vento Homeless Assistance Act ( 42 USC § 11431 et
				  seq.);
3. Children with
				  disabilities who are in need of special education and related services, even
				  though the child has not failed or been retained in a course or grade, and is
				  advancing from grade to grade;
4.
				  Children with disabilities who are served in a public nonprofit charter
				  school;
5. Children with
				  disabilities who have been suspended or expelled from school;
6. Children with disabilities who are
				  incarcerated for 10 or more days in a regional or local jail in its
				  jurisdiction, with the exception of those additional provisions identified in
				  8VAC20-81-110 I;
7. Children with disabilities who are
				  residents of the school division and who are on house arrest, as ordered by a
				  court of competent jurisdiction;
8.
				  Children with disabilities who are in foster care and residents of
				  Virginia;
9. Children with
				  disabilities who are placed for noneducational reasons;
10. Children with disabilities regardless of
				  citizenship or immigration status; and
11. Children with disabilities who do not
				  reside within its jurisdiction but reside in the Commonwealth and are enrolled
				  in a full-time virtual school program provided by the school division, in
				  accordance with regulations of the Board of Education. A school division that
				  is required to provide a free appropriate public education, including special
				  education, for a nonresident student who is enrolled in its full-time virtual
				  school program pursuant to this section shall be entitled to any federal and
				  state funds applicable to the education of such student. In the case of a
				  student who is a resident of the Commonwealth but does not reside in the school
				  division in which he is enrolled in a full-time virtual school program, the
				  school division in which the student resides shall be released from the
				  obligation to provide a free appropriate public education, including special
				  education, for such student.