Regulations Governing Special Education Programs

1 Regulations Governing Special Education Programs for Children with Disabilities in virginia virginia Department of Education Division of Special Education and Student Services Effective January 25, 2010. TABLE OF CONTENTS Page Foreword .. i Preamble .. ii Part I - DEFINITIONS. 8 VAC20-81-10 Definitions .. 1. Part II - RESPONSIBILITY OF STATE DEPARTMENT OF Education . 8 VAC20-81-20 Functions of the virginia Department of Education .. 13. Part III - RESPONSIBILITY OF LOCAL SCHOOL DIVISIONS AND STATE OPERATED Programs . 8 VAC20-81-30 Responsibility of the local school divisions and state-operated Programs .. 18. 8 VAC20-81-40 Special Education staffing requirements .. 20 8 VAC20-81-50 Child find .. 22. 8 VAC20-81-60 Referral for initial evaluation .. 24. 8 VAC20-81-70 Evaluation and Reevaluation .. 25. 8 VAC20-81-80 Eligibility .. 27. 8 VAC20-81-90 Termination of Special Education and related services .. 32. 8 VAC20-81-100 Free appropriate public Education .. 33.

2 8 VAC20-81-110 Individualized Education program .. 35. 8 VAC20-81-120 Children who transfer .. 40. 8 VAC20-81-130 Least restrictive environment and placements .. 41. 8 VAC20-81-140 Placement of children at the virginia School for the Deaf and the Blind at Staunton .. 42. 8 VAC20-81-150 Private school placement .. 42 8 VAC20-81-160 Discipline procedures .. 47. 8 VAC20-81-170 Procedural safeguards .. 50. 8 VAC20-81-180 Transfer of rights to students who reach the age of majority .. 57. 8 VAC20-81-190 Mediation .. 58. 8 VAC20-81-200 Complaint resolution procedures .. 59. 8 VAC20-81-210 Due process hearing .. 61. 8 VAC20-81-220 Surrogate parent procedures .. 70. 8 VAC20-81-230 Local educational agency administration and governance .. 72. Part IV - FUNDING. 8 VAC20-81-240 Eligibility for funding .. 75. 8 VAC20-81-250 State funds for local school divisions .. 75. 8 VAC20-81-260 Federal funds .. 76. 8 VAC20-81-270 Funds to assist with the Education of children with disabilities residing in state-operated Programs .

3 77. 8 VAC20-81-280 Funding, withholding, and recovery of funds .. 78. 8 VAC20-81-290 Appeal of administrative decision regarding funding .. 78. 8 VAC20-81-300 Use of public and private insurance .. 79. 8 VAC20-81-310 Attorneys' fees .. 80. Part V - ADDITIONAL RESPONSIBILITIES OF STATE BOARDS, AGENCIES, AND INSTITUTIONS FOR. Education AND TRAINING OF CHILDREN WITH DISABILITIES IN RESIDENCE OR CUSTODY. 8 VAC20-81-320 Additional responsibilities of state boards, agencies, and institutions for Education and training of children with disabilities in residence or custody .. 82. Part VI - COMPLIANCE WITH 504 OF THE REHABILITATION ACT OF 1973, AS AMENDED. 8 VAC20-81-330 Compliance with 504 of the Rehabilitation Act of 1973, as amended .. 84. Part VII - Special Education CASELOAD STAFFING REQUIREMENTS. 8 VAC20-81-340 Special Education caseload staffing requirements .. Figure 1: Local school division caseload maximums as funded by the virginia Appropriation Act .. 85.

4 Figure 2: Values for students receiving Level 1 services when combined with students receiving Level 2 services .. 85. INDEX .. 86. Regulations Regulations Governing Governing Special Special Education Education Programs Programs for Cfor Children hildren Disabilities Disabilities with with in virginia in virginia | o Regulations Governing | Regulations Special Governing Education Special Programs Education for Cfor Programs with D. Children hildren in virginia Disabilities isabilities with in virginia FOREWORD. The reauthorization of the Individuals with Disabilities Education Improvement Act, December 3, 2004, (IDEA. '04) and its implementing federal Regulations , October 13, 2006, prompted the need to revise virginia 's Special Education Regulations . Input was received from a Stakeholders Group that included school personnel, parents, consumers, professionals, and members of the State Special Education Advisory Committee. The virginia Department of Education adhered to the requirements of virginia 's Administrative Process Act in the development and review of these Regulations .

5 The virginia Department of Education also relied on the federal Regulations , at 34 CFR (a) and (b) for additional guidance in the formulation of these Regulations . Under this federal mandate, each state shall: 1) Ensure that any State rules, Regulations , and policies relating to the IDEA '04 conform to the requirements of the federal statute and Regulations ;. 2) Identify in writing to local educational agencies located in the State and the Secretary of Education any such rule, regulation, or policy as a State-imposed requirement that is not required by the federal statute and Regulations ;. and 3) Minimize the number of rules, Regulations , and policies to which the local educational agencies and schools located in the State are subject under the federal statute and Regulations . This federal regulation also requires that State rules, Regulations , and policies under the IDEA '04 shall support and facilitate local educational agency and school-level system improvement designed to enable children with disabilities to meet the challenging State student achievement standards.

6 The Regulations were adopted by the Board of Education on May 28, 2009, and became effective on July 7, 2009. The Regulations were reissued on January 25, 2010, following technical amendments. The Regulations include reference to the federal Regulations , state statute, or state Regulations that serve as the source of the requirements. The Department of Education staff members are grateful to those persons who provided comment. Copies of these Regulations , including Braille copies, audio tapes, and large print versions are available at no cost from the virginia Department of Education . Please forward your request to the virginia Department of Education , P. O. Box 2120, Richmond, virginia 23218-2120, or by calling 1-804-225-2013. Copies of these Regulations are also available on the virginia Department of Education 's Web site at: Regulations / Regulations Governing Special Education Programs for Children with Disabilities in virginia | oi PREAMBLE. The virginia Constitution delineates the General Assembly's responsibility for Education : The General Assembly shall provide for a system of free public elementary and secondary schools for all children of school age throughout the Commonwealth.

7 (Article VIII, section 1). The Code of virginia delineates the Commonwealth's responsibility for Education of children with disabilities, as follows: The Board of Education shall prepare and supervise the implementation by each school division of a program of Special Education designed to educate and train children with disabilities ( 214);. Children with disabilities' means those persons who are aged two to twenty-one, inclusive are disabled as defined by the Board of Education , and need Special Education ( );. Each state board, state agency and state institution having children in residence or in custody shall have responsibility for providing for the Education and training to such children which is at least comparable to that which would be provided to such children in the public school system ( ); and Each school division shall provide free and appropriate Education , including Special Education , for the children with disabilities residing within its jurisdiction in accordance with the Regulations of the Board of Education (.)

8 These Regulations set forth the requirements of the Board of Education regarding the provision of Special Education and related services to children with disabilities in the Commonwealth, reflecting both state and federal requirements. The Regulations are applicable to all local school divisions, state-operated Programs , the virginia School for the Deaf and the Blind at Staunton, and private schools in the Commonwealth that provide Special Education and related services to children with disabilities. In addition to these requirements, the following statutes and Regulations are applicable to children with disabilities: all Regulations promulgated by the Board of Education , provisions of the Code of virginia (COV), the requirements of section 504 of the Rehabilitation Act of 1973 (as amended), the Americans with Disabilities Act, the Education Department General Administrative Rules (for federal grant requirements), the Virginians with Disabilities Act, and the No Child Left Behind Act of 2001.

9 These requirements are based on the fundamental notion that Special Education and related services are to be designed to meet the unique educational needs of children with disabilities, provide educational opportunity in the general curriculum to the extent possible in accordance with each child's individualized Education program, and prepare children with disabilities for opportunities in postsecondary Education , employment, and independent living. ii | Regulations Governing Special Education Programs for Children with Disabilities in virginia 8 VAC20-81-10. Definitions Part including a functional evaluation of the child in the child's I 2. customary environment;. Purchasing, leasing, or otherwise providing for the acquisition Definitions of assistive technology devices by children with disabilities;. 3. Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology 8 VAC20-81-10. Definitions. devices.

10 4. Coordinating and using other therapies, interventions, or The following words and terms when used in this chapter shall have the services with assistive technology devices, such as those following meanings unless the context clearly indicates otherwise: associated with existing Education and rehabilitation plans and Programs ;. Act means the Individuals with Disabilities Education Improvement 5. Training or technical assistance for a child with a disability Act, 108-446, December 3, 2004, 1400 et seq. (34 CFR or, if appropriate, that child's family; and ) 6. Training or technical assistance for professionals (including individuals providing Education or rehabilitation services), Age of eligibility means all eligible children with disabilities who employers, or other individuals who provide services to have not graduated with a standard or advanced studies high employ or are otherwise substantially involved in the major school diploma who, because of such disabilities, are in need of life functions of that child.