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Home » 2009 Issues » Vol. 25, No. 21 (06/22/2009) » 8VAC20-80 Regulations Governing Special Education Programs for Children with Disabilities in Virginia

  8VAC20-80 Regulations Governing Special Education Programs for Children with Disabilities in Virginia  

  • REGULATIONS
    Vol. 25 Iss. 21 - June 22, 2009

    TITLE 8. EDUCATION
    STATE BOARD OF EDUCATION
    Chapter 80
    Final Regulation

    REGISTRAR'S NOTICE: Pursuant to § 2.2-4007.06 of the Code of Virginia, the final regulations published in 25:16 VA.R. 2872-2968 April 13, 2009, were suspended in order to solicit additional public comments. Notice of the suspension was published in 25:16 VA.R. 2968 April 13, 2009. On May 28, 2009, the Board of Education readopted the previously published final regulations without change. Therefore, pursuant to § 2.2-4031 A of the Code of Virginia, the text of the final regulations is not set out. Refer to 25:16 VA.R. 2872-2968 April 13, 2009, for the full text of the final regulations that becomes effective on July 7, 2009.

    Titles of Regulations: 8VAC20-80. Regulations Governing Special Education Programs for Children with Disabilities in Virginia (repealing 8VAC20-80-10 through 8VAC20-80-190).

    8VAC20-81. Regulations Governing Special Education Programs for Children with Disabilities in Virginia (adding 8VAC20-81-10 through 8VAC20-81-340).

    Statutory Authority: §§ 22.1-16 and 22.1-214 of the Code of Virginia; 20 USC § 1400 et seq.; 34 CFR Part 300.

    Effective Date: July 7, 2009.

    Agency Contact: Melissa Smith, Coordinator of Administrative Services, Department of Education, P.O. Box 2120, Richmond, VA 23218-2120, telephone (804) 371-0524, or email melissa.smith@doe.virginia.gov.

    Summary:

    This action represents the Board of Education's readoption of the final regulations on May 28, 2009, with no changes from its adoption at the September 28, 2008, Board of Education meeting. Refer to 25:16 VA.R. 2872-2968 April 13, 2009, for the full text of the final regulations that becomes effective on July 7, 2009.

    The Board of Education is repealing the text of the current regulations (8VAC20-80) and promulgating new regulations (8VAC20-81). There are a number of substantive changes in the regulations, including the following areas: (i) functions of the Virginia Department of Education (VDOE); (ii) responsibilities of local school divisions and state-operated programs; (iii) qualifications for educational interpreters; (iv) child find; (v) eligibility determinations; (vi) development, review and revision of a student's individualized education program (IEP); (vii) parentally placed private school students; (viii) discipline; (ix) procedural safeguards, including the appointment of surrogate parents and dispute resolution; (x) local educational agency administration and governance; (xi) funding; and (xii) requirements regarding highly qualified personnel.

    In response to public comments received, several provisions that were proposed to be significantly revised or deleted have been retained, including provisions regarding parental consent for the termination of special education and related services and the current administration of the due process system.

    Summary of Public Comments and Agency's Response: A summary of comments made by the public and the agency's response may be obtained from the promulgating agency or viewed at the office of the Registrar of Regulations.

    VA.R. Doc. No. R07-95; Filed June 3, 2009, 10:50 a.m.
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