care and the foster parent’s standing to serve as parent if the biological/adoptive parent is unavailable. § 22.1-213.1. Children living with someone other than the biological parent New in 2009-10 Virginia Regulations Created provisions to ensure that services to children with disabilities are not interrupted. Emancipated minors New in 2009-10 Virginia Regulations Created provisions to ensure that services to children with disabilities are not interrupted. Validly married minors New in 2009-10 Virginia Regulations Created provision to ensure that services to children with disabilities are not interrupted. Providing services regardless of citizenship or immigration status New in 2009-10 Virginia Regulations Created provisions to ensure that services to children with disabilities are not interrupted. Children placed in a state-operated program as a long-term placement New in 2009-10 Virginia Regulations Created provisions to ensure that services to children with disabilities are not interrupted. 8 VAC 20-81-40 Special education staffing requirements Provisions required to implement IDEA under “qualified provider” requirements. Provision Source of Requirement Discussion Staffing for school aged and children SOQ VA Teacher Licensure Regulations Prior VA Special Education Program Standards Long-standing Virginia requirement. Established standards for grouping students and assigning teachers. Teacher assignments standards first established in 1962 and incorporated into Teacher Licensure regulations and former Special Education Program Standards regulations. Staffing for Prior Virginia Regulations Created in the 2001-02 Virginia Regulations to clarify required teacher endorsements. Educational interpreting services VDHH Regulations Prior Virginia Regulations Created in the 2001-02 Virginia Regulations to establish qualification standard, date certain for meeting standard, procedures for waivers. 8 VAC 20-81-50 Child find Provisions required to implement IDEA under general supervision requirements. Provision Source of Requirement Discussion Public awareness Prior Virginia Regulations Long-standing Virginia requirement, since 1980. Established standards relative to VDOE’s obligation to create and implement a child find process. Current Virginia Regulations contain amended language. Screening – hearing and vision (including timelines) COV Virginia Regulations Long-standing Virginia requirement. to 1950, COV established requirement to screen hearing and vision, charging VDOE with establishing grade levels. §§22.1-270; 22.1-273. Screening requirements for new students established in Virginia Regulations in 1980. Screening – speech-language, Prior Virginia Regulations Long-standing Virginia requirement, since 1980. school-aged
Forward relevant information for instruction to the child’s teachers if the child is not found eligible. FERPA Prior Virginia Regulations Long-standing Virginia requirement to reflect established practice of diagnostic information to improve instruction. Reflects FERPA requirement regarding consent when sharing with private schools. Requirements for LD eligibility applied to all disabilities New in Regulations Created a provision to apply eligibility requirements for LD to all students considered for eligibility, including: group considerations; requirements for documenting the eligibility group’s determination of eligibility; required members of the eligibility group; require that the eligibility group include at least one member trained in observation; and the LEA’s responsibility to observe the child as part of the evaluation process. Determination of eligibility New in 2009-10 Virginia Regulations Created a provision requiring that eligibility determination must be made on an individual basis by the eligibility group, to remind school personnel and parents that such decisions must be individualized and not based on administrative or reasons other than the child’s educational needs. Eligibility criteria New in 2009-10 Virginia Regulations Created provisions for eligibility criteria for the following disabilities: autism, deafness, developmental delay, hearing impairment, intellectual disability, other health impairment, speech or language impairment, and visual impairment. IEP team meeting following eligibility meeting after a reevaluation New in 2009-10 Virginia Regulations Created a provision to provide LEAs with flexibility: if the eligibility group determines that there is no change in eligibility and educational needs, the IEP team is not required to convene, unless the parent requests it. 8 VAC 20-81-90 Termination of special education and related services Provisions required to implement IDEA under general supervision requirements. Provision Source of Requirement Discussion Parental consent to terminate services Virginia Regulations Long-standing Virginia requirement. Consent requirements established in 1980. Terminating related service Prior Virginia Regulations Created provision in the 2001-02 Virginia Regulations to specify a process that is necessary but absent in IDEA regulations; minimizes meeting requirements. Summary of academic achievement and functional performance New in 2009-10 Virginia Regulations Expanded federal provision that mandates if a student graduates with a regular diploma or when the student reaches age 22, the LEA provides the summary. Current Virginia Regulations address when the summary must be provided if the student leaves prior to graduation/age 22 and returns to school. 8 VAC 20-81-100 Free appropriate public education Provisions required to implement IDEA general supervision requirements.
Referral to and action by law enforcement and judicial authorities Prior Virginia Regulations Created provision in the 2001-02 Virginia Regulations that added language to the IDEA regulatory requirement; that referral is made consistently for children with disabilities and children without disabilities. Transmission of records COV FERPA Virginia Management of Student Scholastic Record Virginia Regulations Created provision in the 2001-02 Virginia Regulations that incorporated COV, FERPA, and IDEA regulations. 22.1-287.1; 22.1-288.2; 22.1-289. 8 VAC 20-81-170 Procedural safeguards Provisions required to implement IDEA general supervision requirements. Provision Source of Requirement Discussion Parental consent required for change in identification, revisions to IEP; partial or complete termination of services; provide services to transfer students Prior Virginia Regulations Long-standing Virginia requirement, since 1980. Historically, strong support throughout previous and current public comment periods for inclusion of these parent consent requirements. Parental consent to release student information to public and private insurance companies FERPA Virginia Regulations Created provision in the 2001-02 Virginia Regulations that expanded the IDEA regulatory requirement to include FERPA compliance. Parental consent not required for teacher’s or related service provider’s observations or classroom evaluations Virginia Regulations Created provision in the 2001-02 Virginia Regulations to incorporate USDOE guidance on issue, clarifying an instance when parental consent is not required. Confidentiality provisions Prior Virginia Regulations Language was in the 1980 Virginia Regulations; deleted in 1990. Reinserted provision in the 2001-02 Virginia regulations to implement the IDEA regulations. Current Virginia Regulations expanded language to include clarification regarding parent access rights. Parental notice requirement New in 2009-10 Virginia Regulations Created provision to clarify that the school division is required to “take whatever action is necessary” to ensure parental comprehension and ability to participate. This puts higher burden on school division than the federal standard requiring “reasonable effort”.
Requirements for submission of Annual Plans to VDOE for approval COV Prior Virginia Regulations Long-standing Virginia requirement, 1980, to ensure that LEAs conform to IDEA; part of the SEA’s general supervision responsibilities. COV §22.1-215. Local Advisory Committee Prior Virginia Regulations Long-standing Virginia requirement, since 1980. Responsibilities of LAC Prior Virginia Regulations Long-standing Virginia requirements, 1980. Added person with disabilities to LAC membership Prior Virginia Regulations Required member in 1980 Virginia Regulations; deleted in 1985; reinserted in the 2001-02 Virginia Regulations. This provision is consistent with the requirements for the SSEAC composition. Added teacher to LAC membership New in 2009-10 Virginia Regulations Created provision in response to public comment during the 2006-2009 regulation revision process. Regional special education programs VA Appropriations Act Prior Virginia Regulations Long-standing Virginia requirement. Regional programs first established in 1984 Virginia Regulations. Programs in jails VA Appropriations Act Prior Virginia Regulations Created provision in the 2001-02 Virginia Regulations to meet IDEA requirements for this student population; to clarify VDOE’s and LEAs’ responsibilities. Part B eligibility New in 2009-10 Virginia Regulations Created provision to clarify that Part B eligibility applies to some 2 year olds. 8 VAC 20-81-240 Eligibility for funding Provisions required to implement IDEA general supervision requirements. Provision Source of Requirement Discussion Requirements for VA educational agencies Prior Virginia regulations Created provisions in the 2001-02 Virginia Regulations to tailor IDEA regulations to VA terminology and responsibilities. 8 VAC 20-81-250 State funds for local school divisions Provisions required to implement IDEA under general supervision requirements. Provision Source of Requirement Discussion Requirements associated with ADM, transportation, regional special education, jails, CSA and foster care funding for LEAs COV VA Appropriations Act CSA Administrative Requirements Prior Virginia Regulations Long-standing requirements to ensure VDOE meets general supervision responsibilities under IDEA. 8 VAC 20-81-260 Federal Provisions required to implement IDEA under general supervision requirements. Provision Source of Requirement Discussion Requirements COV Long-standing requirements to tailor IDEA regulations to VA educational agencies.