During the 2021 Special Session I, the Virginia General Assembly enacted Chapter 170, Chapter 451, and Chapter 109 of the Acts of the Assembly.
Chapter 170 directed the Board of Education to amend the definition of “traumatic brain injury” in 8VAC20-81-10 to read as follows:
"Traumatic brain injury" means an acquired injury to the brain caused by an external physical force or by other medical conditions, including stroke, anoxia, infectious disease, aneurysm, brain tumors, and neurological insults resulting from medical or surgical treatments, resulting in total or partial functional disability or psychosocial impairment, or both, that adversely affects a child\\'s educational performance. Traumatic brain injury applies to open or closed head injuries resulting in impairments in one or more areas, such as cognition; language; memory; attention; reasoning; abstract thinking; judgment; problem-solving; sensory, perceptual, and motor abilities; psychosocial behavior; physical functions; information processing; and speech. Traumatic brain injury does not apply to brain injuries that are congenital or degenerative, or to brain injuries induced by birth trauma. (34 CFR 300.8(c)(12)).
Chapter 451 directed the Board of Education to amend 8VAC20-81 to include a provision that, if a school division develops a draft individualized education program (IEP) prior to a scheduled IEP meeting, it shall provide such draft IEP to the parents at least two business days in advance of such IEP meeting. The Board is adding such provision to 8VAC20-81-110.
Chapter 109 directed the Board of Education to amend 8VAC20-81-170.B.2.a and e to remove the word “component” following the word “evaluation.”
The regulatory change is the result of legislative mandate. The change is necessary to conform the Board’s regulations to the changes in Virginia statutory law, and the Board has no discretion in the change. Accordingly, 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.