Action:
Exempt Action for 8VAC20-81
Action 7106
General Information
| Action Summary |
On May 8, 2026, the Virginia Department of Education received a letter from the United States Department of Education Office of Special Education and Rehabilitative Services stating that 8VAC20-81-280(C) is in conflict with IDEA Section 613(g) and 34 C.F.R. § 300.227. The use of the term “may” in the administrative code is inconsistent with IDEA’s obligatory use of withheld funds by the State.
8VAC20-81-280(C) will be amended to remove the permissive “may” in the regulatory text and replace it with the mandatory “shall” in order to align with federal requirements.
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| Chapters Affected |
Only affects this chapter.
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| 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:
§ 2.2-4006 (A)(4)(c)
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| RIS Project |
Yes [8741] |
| New Periodic Review |
This action will not be used to conduct a new periodic review.
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Stages
Stages associated with this regulatory action.
| Stage ID |
Stage Type |
Status |
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11313
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Final
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Submitted to the Registrar and awaiting publication (10/05/2026). |
Contact Information
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Name / Title:
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Jim Chapman
/
Director of Board Relations
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Address:
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James Monroe Bldg.
101 N. 14th St., 25th Floor
Richmond, VA 23219
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Email Address:
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jim.chapman@doe.virginia.gov
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Phone:
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(804)750-8750
FAX: ()-
TDD: ()-
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This person is the primary contact for this agency.
