Search Virginia.Gov
    Agencies | Governor
Virginia Regulatory Town Hall
Agency
Department of Education
Board
State Board of Education


chapter
Regulations Governing Special Education Programs for Children with Disabilities in Virginia [8 VAC 20 ‑ 81]
Guidance Documents   Periodic Reviews
Chapter Information
Description The state special education regulations ensure compliance with the IDEA 2004, and with its federal implementing regulations, at 34 C.F.R. Part 300, effective October 13, 2006. Alignment with these federal mandates will ensure that students with disabilities in Virginia may continue to benefit from federal special education funding. The Code of Virginia, at § 22.1-214, requires the Board of Education to “prepare and supervise the implementation by each school division of a program of special education designed to educate and train children with disabilities” between the ages of two and twenty-one, inclusive. The program developed by the Board of Education must “be designed to ensure that all children with disabilities have available to them a free and appropriate education.”
State Authority § § 22.1-214
Federal Authority 34 C.F.R. Part 300
Exempt from APA Yes, changes to this chapter of the VA Administrative Code are exempt from the Administrative Process Act. The normal executive branch review process is not required.
Text of Regulation Link to Virginia Administrative Code
Goals of Regulation The regulations are intended to govern the following: 1) Functions of the Virginia Department of Education; 2) Referral for evaluation; 3) Eligibility determinations; 4) The development, review and revision of a student’s individualized education program (IEP); 5) Parentally-placed private school students; 6) Discipline; 7) Procedural safeguards, including the appointment of surrogate parents and dispute resolution 8) Local educational agency administration and governance; 9) Funding; and 10) The requirements regarding highly qualified personnel.
Meetings

Contact Information
Name / Title: Ms. Melissa Smith  / Coordinator for Administrative Services
Address: P.O. Box 2120
Virginia Department of Education
Richmond, VA 23218
Email Address: Melissa.Smith@doe.virginia.gov
Telephone: (804)371-0524    FAX: (804)225-2524    TDD: ()-
Current Actions
Action Title Latest Stage Status
None

Past Actions
Action Title Latest Stage Status
Revisions to comply with the “Individuals with Disabilities Education Improvement Act of 2004” and its federal implementing regulations Final Stage complete. This regulation became effective on 1/25/2010.
Revisions to comply with the “Individuals with Disabilities Education Improvement Act of 2004” and its federal implementing regulations. Final Stage complete. This regulation became effective on 7/7/2009.