|During the 2021 Special Session I, the Virginia General Assembly enacted Chapter 552 of the Acts of the Assembly, which amended and reenacted Chapter 1289 of the 2020 Acts of the Assembly, Special Session I, which appropriated funds for the 2020-2022 Biennium. Item 138.I of Chapter 552 directed the Board of Education to “develop and promulgate regulations for private special education day schools on restraint and seclusion that establish the same requirements for restraint and seclusion as those for public schools.” The Regulations Governing the Operation of Private Schools for Students with Disabilities (8VAC20-671) are already in close alignment to the Regulations Governing the Use of Seclusion and Restraint in Public Elementary and Secondary Schools in Virginia (8VAC20-750). The amendments to the Regulations Governing the Operation of Private Schools for Students with Disabilities adds definitions, adds requirements associated with the development of policies and procedures related to the use of seclusion and application of restraints, and alters the requirements for reporting the use of seclusion and application of restraints. All regulatory changes are necessary to “establish the same requirements for restraint and seclusion [for private special education day schools] as those for public schools”—as directed by the General Assembly—with minimal, technical modifications to account for the differences between private day schools and public schools.
|Only affects this chapter.
|Executive Branch Review
|This action will go through the normal Executive Branch Review process.
|Legislative mandate to establish the same requirements on restraint and seclusion for private special education day schools as those for public schools
|New Periodic Review
|This action will not be used to conduct a new periodic review.
|Name / Title:
|Jim Chapman / Regulatory and Legal Coordinator
James Monroe Bldg., 25th Floor
101 N. 14th St.
Richmond, VA 23219
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