Agencies | Governor
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]
This action is exempt from the executive branch review process.
Action:
Legislative mandate to establish the same requirements on restraint and seclusion for private special education day schools as those for public schools
[Withdrawn 10/6/2021]
 
Reason for Withdrawal
This action is being withdrawn in order to make further revisions.
General Information
Action Summary 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.
Chapters Affected Only affects this chapter.
Exempt from APA Yes, this action is exempt from Article 2 of the Administrative Process Act.
Exempt Citation: The regulatory action is exempt from the operation of the Administrative Process Act under § 2.2-4006.A.4.a of the Code of Virginia.
RIS Project Yes  [6982]
Associated Mandates 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.
 
Stages
Stages associated with this regulatory action.
Stage ID Stage Type Status
9435 Final Stage withdrawn on 10/06/2021 prior to publication in The Virginia Register.
 
Contact Information
Name / Title: Jim Chapman  / Regulatory and Legal Coordinator
Address: James Monroe Bldg.
101 N. 14th St., 25th Floor
Richmond, VA 23219
Email Address: jim.chapman@doe.virginia.gov
Phone: (804)225-2540    FAX: ()-    TDD: ()-