Purpose of Petition

This petition requests that the Virginia Board of Education amend regulatory language in 8VAC20-671, specifically sections 8VAC20-671-10 (Definitions), 8VAC20-671-30 (Licenses generally), and 8VAC20-671-50 (Types of licenses). The current term 'Private School for Students with Disabilities' should be replaced with a more accurate term that reflects funding and governance realities. Suggested alternatives include 'Nonpublic School for Students with Disabilities' or 'Alternative School for Students with Disabilities.'

Background

The term 'Private School for Students with Disabilities' is misleading because these schools are not private in the traditional sense. Parents do not pay tuition; placements and tuition are funded by Local Education Agencies (LEAs) under an Individualized Education Program (IEP). These schools are state-licensed and regulated by VDOE, not independent private institutions.

Requested Amendment

1. In § 8VAC20-671-10 (Definitions): Replace 'Private School for Students with Disabilities' with 'Nonpublic School for Students with Disabilities' or 'Alternative School for Students with Disabilities.'

2. In § 8VAC20-671-30 and § 8VAC20-671-50: Update references to reflect the new terminology consistently.

Rationale

Terminology Consistency: The current term suggests private funding, which is inaccurate. These schools operate under state licensure and LEA contracts.
Regulatory Precision: Updating terminology will reduce confusion in grants, professional development eligibility, and public understanding.

Proposed Wording

'Nonpublic School for Students with Disabilities' or 'Alternative School for Students with Disabilities' means a school licensed under 8VAC20-671 and defined per § 8VAC20-671-10, serving students placed by LEAs under an IEP with tuition paid by the LEA.

Examples of Current Usage

Several schools and facilities currently use the word 'Private' in their name or description, including:
- Virginia Home for Boys and Girls (John G. Wood School)
  Quote: "GW accepts students with 'Private Day School' designations on their Individualized Education Plans (IEPs) and serves individuals with a range of abilities, including Autism and Intellectual Disabilities."
- Shineforth (formerly United Methodist Family Services)
  Quote: "Shineforth is a nonprofit organization in Virginia that provides foster care, residential treatment, and private day school for students with disabilities."

These examples illustrate how the term 'Private' persists in branding and public perception, even though these schools are state-licensed and funded by LEAs, not by parent tuition.

Conclusion

Updating these sections will align the petition with VDOE guidance, ensure legal accuracy, and clarify the nature of these schools for stakeholders.

The Board will consider the petition and all comments in support or opposition at the next meeting after the close of public comment, currently scheduled for March 26, 2026. The petitioner will be notified of the Board’s decision after that meeting.