Virginia Regulatory Town Hall
Department of Education
State Board of Education
Regulations Governing Special Education Programs for Children with Disabilities in Virginia [8 VAC 20 ‑ 81]
Action is Exempt from Article 2 of the Administrative Process Act
Revisions to comply with the “Individuals with Disabilities Education Improvement Act of 2004” and its federal implementing regulations
Action 2496
General Information
Action Summary The Code of Virginia, at 2.2-4006 A., permits specific agency actions to be exempt from the standard regulatory process required by the Virginia Administrative Process Act, including the following: Regulations that are: a. Necessary to conform to changes in Virginia statutory law or the appropriation act where no agency discretion is involved; b. Required by order of any state or federal court of competent jurisdiction where no agency discretion is involved; or c. Necessary to meet the requirements of federal law or regulations, provided such regulations do not differ materially from those required by federal law or regulation, and the Registrar has so determined in writing. Notice of the proposed adoption of these regulations and the Registrar's determination shall be published in the Virginia Register not less than 30 days prior to the effective date of the regulation. Changes to the Regulations are required to ensure compliance with federal and state laws and regulations regarding special education, including changes in the federal regulations implementing the Individuals with Disabilities Education Improvement Act of 2004 (IDEA), at 34 CFR Part 300, effective December 31, 2008, and changes in the Code of Virginia, which became effective July 1, 2009. The proposed changes do not differ materially from the requirements of federal and state laws or regulations.
Chapters Affected Only affects this chapter.
Executive Branch Review This Action is exempt from Article 2 of the Administrative Process Act. The normal executive branch review process is not required. As such, it can be submitted directly for publication and is effective upon publication.
Exempt Citation: IDEA regulations, at 34 CFR 300.9; IDEA regulations, at 34 CFR 300.177(b); 34 CFR § 300.311 (a)(7)(ii)(A); IDEA regulations, at 34 CFR 300.9 and 34 CFR 300.300(b)(4); Code of Virginia at § 22.1-213.1
RIS Project Yes  [002239]
New Periodic Review This action will not be used to conduct a new periodic review.
Stages associated with this regulatory action.
Stage ID Stage Type Status
5367 Final Stage complete. This regulation became effective on 01/25/2010.
Contact Information
Name / Title: Mrs. Melissa Smith  / Coordinator of Administrative Services
Address: 101 N. 14th Street
P.O. Box 2120
Richmond, VA 23218
Email Address:
Phone: (804)371-0524    FAX: (804)225-2524    TDD: ()-