Regulations Governing Special Education Programs for Children with Disabilities in Virginia (Effective January 1994).

Overview & Synopsis

The Virginia regulations for special education have been designed to comply with the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act, and the Virginians with Disabilities Act. Part 1 presents definitions of 80 terms. Part 2 considers responsibilities and functions of the State Department of Education. Part 3 addresses the responsibilities of local education agencies (LEAs) and state agencies in five broad areas: (1) identification, evaluation, and eligibility; (2) service delivery (including free appropriate public education, Individualized Education Programs, and educational interpreting services); (3) procedural safeguards (due process, confidentiality, and complaint procedures); (4) requirements for establishing surrogate parent procedures; and (5) administration and governance. Part 4 considers funding, including: reimbursement to LEAs and state-operated programs; state funds; federal funds; funds to assist with the education of children with disabilities residing in state-operated facilities; withholding and recovery of funds; and appeal of administrative decisions. Part 5 specifies additional responsibilities of state boards, agencies, and institutions for education and training of children with disabilities in residence or custody. Part 6 briefly addresses compliance with Section 504 of the Rehabilitation Act of 1973, as amended. (DB)