Virginia Regulatory Town Hall
Agency
Department of Education
Board
State Board of Education
chapter
Regulations Governing the Operation of Private Day Schools for Students with Disabilities and Educational Programs Offered in Group Homes and Residential Facilities in the Commonwealth [8 VAC 20 ‑ 671]
Action:
Technical Amendment as required by HB 2216 (2015) approved by the 2015 session of the General Assembly
Action 4686
 
General Information
Action Summary The Virginia General Assembly enacted HB 2216 (2015) requiring that the Board of Education promulgate regulations for the possession and administration of epinephrine in every school for students with disabilities, to be administered by any employee of the school who is authorized by a prescriber and trained in the administration of epinephrine to any student believed to be having an anaphylactic reaction. The current Regulations Governing the Operation of Private Schools for Students with Disabilities contain a section titled Medication and Health, at 8VAC20-671-710, which requires private schools to develop and implement policies and procedures related to several factors related to the possession, use, storage, and accountability of medication; along with some general requirements related to a student’s health. However, these regulations are void of any reference to the possession and/or use of epinephrine. Thus, VDOE proposes amending 8 VAC 20-671-710, to reflect new requirements related to the procurement, possession, provision, storage and disposal and administration of epinephrine. Additionally, VDOE proposes including clarification on the immunity of the private schools for students with disabilities and their staff against any liability for any civil damages for ordinary negligence in acts or omission resulting from rendering the administration of the epinephrine. Furthermore, VDOE proposes including training requirements for private schools with disabilities staff and the documentation and reporting of the use of epinephrine.
Chapters Affected Only affects this chapter.
Executive Branch Review This action will go through the normal Executive Branch Review process.
RIS Project Yes  [004941]
Associated Mandates Posession and Administration of Epinephrine in Private Schools for Students with Disabilities
New Periodic Review This action will not be used to conduct a new periodic review.
 
Stages
Stages associated with this regulatory action.
Stage ID Stage Type Status
7725 Fast-Track Stage complete. This regulation became effective on 10/05/2017.
 
Contact Information
Name / Title: John Eisenberg  / Special Education & Student Services
Address: 101 N. 14th Street
Richmond, VA 23219
Email Address: john.eisenberg@doe.virginia.gov
Phone: (804)786-8079    FAX: ()-    TDD: ()-