Virginia Regulatory Town Hall
Agency
Department of Education
Board
State Board of Education
 
chapter
Regulations Governing Special Education Programs for Children with Disabilities in Virginia [8 VAC 20 ‑ 81]
Guidance Documents
Chapter Information
Description The state special education regulations ensure compliance with the IDEA 2004, and with its federal implementing regulations, at 34 C.F.R. Part 300, effective October 13, 2006. Alignment with these federal mandates will ensure that students with disabilities in Virginia may continue to benefit from federal special education funding. The Code of Virginia, at § 22.1-214, requires the Board of Education to “prepare and supervise the implementation by each school division of a program of special education designed to educate and train children with disabilities” between the ages of two and twenty-one, inclusive. The program developed by the Board of Education must “be designed to ensure that all children with disabilities have available to them a free and appropriate education.”
State Authority § 22.1-214
Federal Authority 34 C.F.R. Part 300
Exempt from APA No, changes to this chapter are subject to the Administrative Process Act.
Text of Regulation Link to Virginia Administrative Code
Goals of Regulation The regulations are intended to govern the following: 1) Functions of the Virginia Department of Education; 2) Referral for evaluation; 3) Eligibility determinations; 4) The development, review and revision of a student’s individualized education program (IEP); 5) Parentally-placed private school students; 6) Discipline; 7) Procedural safeguards, including the appointment of surrogate parents and dispute resolution 8) Local educational agency administration and governance; 9) Funding; and 10) The requirements regarding highly qualified personnel.
Meetings See all meetings (2) relating to this chapter.

Contact Information
Name / Title: Ms. Melissa Smith  / Coordinator for Administrative Services
Address: P.O. Box 2120
Virginia Department of Education
Richmond, VA 23218
Email Address: Melissa.Smith@doe.virginia.gov
Telephone: (804)371-0524    FAX: (804)225-2524    TDD: ()-
Current Actions
Action Title Latest Stage Status
Exempt action to align 8VAC20-81-60 and 70 with Chapter 4 of the 2023 Acts of the Assembly
Action is Exempt from Article 2 of the Administrative Process Act
Final Submitted to the Registrar and awaiting publication (10/23/2023).

Past Actions
Action Title Latest Stage Status
Fast-Track Regulatory Action to Strike “Component” and Align Regulatory Language with Federal Requirements Fast-Track Stage complete. This regulation became effective on 04/01/2022.
Legislative Amendments to Regulations Governing Special Education Programs for Children with Disabilities in Virginia
Action is Exempt from Article 2 of the Administrative Process Act
Final Stage complete. This regulation became effective on 11/24/2021.
Update to comport with HB1086 and HB 1007 (2014) - virtual school students and GED
Action is Exempt from Article 2 of the Administrative Process Act
Final Stage complete. This regulation became effective on 07/29/2015.
Revisions to comply with the “Individuals with Disabilities Education Improvement Act of 2004” and its federal implementing regulations
Action is Exempt from Article 2 of the Administrative Process Act
Final Stage complete. This regulation became effective on 01/25/2010.
Revisions to comply with the “Individuals with Disabilities Education Improvement Act of 2004” and its federal implementing regulations.
Action is Exempt from Article 2 of the Administrative Process Act
Final Stage complete. This regulation became effective on 07/07/2009.