Virginia Regulatory Town Hall
Department of Education
State Board of Education
Regulations Governing Special Education Programs for Children with Disabilities in Virginia [8 VAC 20 ‑ 81]
Action is Exempt from Article 2 of the Administrative Process Act
Update to comport with HB1086 and HB 1007 (2014) - virtual school students and GED
Action 4308
General Information
Action Summary The 2014 General Assembly passed, and the Governor signed into law, HB 1086, which amends § 22.1-215 of the Code of Virginia to provide that children with disabilities who are enrolled in a full-time virtual school program provided by a Virginia school division must receive a free and appropriate education, including special education, from that division. It also allocates federal and state special education funding for that student to that division. Previously, neither the Code of Virginia nor Regulations had addressed the status of Virginia students with disabilities enrolled full-time in a virtual program sponsored by a school division in which they did not reside. The amendment to 8 VAC 20-81-30 brings the regulations into conformance with the Code of Virginia. In addition, the 2014 General Assembly passed, and the Governor signed into law, HB 1007, which changes references to “General Educational Development credential” or “G.E.D.” to “high school equivalency examination approved by the Board of Education.” Previously, the G.E.D. was the only available high school equivalency examination. The amendments to 8 VAC 20-81-90 and 8 VAC 20-81-100 will bring the regulations into conformance with the terminology used in the Code of Virginia.
Chapters Affected Only affects this chapter.
Executive Branch Review This Action is exempt from Article 2 of the Administrative Process Act. The normal executive branch review process is not required. As such, it can be submitted directly for publication and is effective upon publication.
Exempt Citation: § 2.2-4006
RIS Project Yes  [004263]
Associated Mandates
New Periodic Review This action will not be used to conduct a new periodic review.
Stages associated with this regulatory action.
Stage ID Stage Type Status
7136 Final Stage complete. This regulation became effective on 07/29/2015.
Contact Information
Name / Title: John Eisenberg  / Assistant Superintendent for Special Education and
Address: Post Office Box 2120
Richmond, VA 23218
Email Address:
Phone: (804)225-2711    FAX: ()-    TDD: ()-