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 8VAC20-81-150 - Private school placement

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Private school placement by a local school division or Comprehensive Services
				  Act team.
1. When a child with a disability
				  is placed by a local school division or is placed for noneducational reasons by
				  a Comprehensive Services Act team that includes the school division in a
				  private special education school or facility that is licensed or has a
				  certificate to operate, the local school division is responsible for ensuring
				  compliance with the requirements of this chapter, including participation in
				  state and divisionwide assessments. The local school division shall ensure that
				  the child's IEP team develops an IEP appropriate for the child's needs while
				  the child is in a private school or facility. (
				  34 CFR
				  300.325(c) )
2. Before a local school division places a
				  child with a disability in a private school or facility that is licensed or has
				  a certificate to operate, the local school division shall initiate and conduct
				  a meeting in accordance with
				  8VAC20-81-110 to develop an IEP for
				  the child. The local school division shall ensure that a representative of a
				  private school or facility attends the meeting. If the representative cannot
				  attend, the agency shall use other methods to ensure participation by a private
				  school or facility, including individual or conference telephone calls. (
				  34 CFR
				  300.325(a) )
3. When a child is presently receiving the
				  services of a private school or facility that is licensed or has a certificate
				  to operate, the local school division shall ensure that a representative of the
				  private school or facility attends the IEP meeting. If the representative
				  cannot attend, the local school division shall use other methods to ensure
				  participation by the private school or facility, including individual or
				  conference telephone calls. (
				  34 CFR
				  300.325(a)(2) )
4. After a child with a disability enters a
				  private school or facility that is licensed or has a certificate to operate,
				  any meetings to review and revise the child's IEP may be initiated and
				  conducted by the private school or facility at the discretion of the local
				  school division. ( 34 CFR
				  300.325(b)(1) )
5. If the private school or facility
				  initiates and conducts these meetings, the local school division shall ensure
				  that the parent(s) and a local school division representative: (
				  34 CFR
				  300.325(b)(2) )
a. Are involved in any decision affecting the
				  child's IEP;
b. Agree to any
				  proposed changes in the program before those changes are implemented;
				  and
c. Are involved in any meetings
				  that are held regarding reevaluation.
6. If the private school or facility
				  implements a child's IEP, responsibility for compliance with the requirements
				  regarding procedural safeguards, IEPs, assessment, reevaluation, and
				  termination of services remains with the local school division. (
				  34 CFR
				  300.325(c) )
7. When a child with a disability is placed
				  by a local school division or a Comprehensive Services Act team in a private
				  school or facility that is licensed or has a certificate to operate, all rights
				  and protections under this chapter are extended to the child. (
				  34 CFR
				  300.101 )
8. If the parent(s) requests a due process
				  hearing to challenge the child's removal from a placement that was made for
				  noneducational reasons by a Comprehensive Services Act team, the child shall
				  remain in the previous IEP placement agreed upon by the parent(s) and the local
				  educational agency prior to placement by the Comprehensive Services Act team. (
				  34 CFR
				  300.2(c) )
9. When a child with a disability is placed
				  in a private school or facility that is out of state, the placement shall be
				  processed through the Interstate Compact on the Placement of Children in
				  accordance with the Code of Virginia. (§ 22.1-218.1 of the Code of
				  Virginia)