Current through Register Vol. 40, No. 16, March 25, 2024
A. Each
teacher shall meet the requirements of the Board of Education's Licensure
Regulations for School Personnel (8VAC20-22).
1. Schools where students are instructed by
content or grade level endorsed teachers shall have available appropriately
endorsed special education teachers to case manage IEPs and to provide
disability specific technical assistance and instruction.
2. Schools offering only self-contained
classroom instruction shall have teachers endorsed in either special education
general curriculum or special education adapted curriculum depending on the
functioning levels of the students.
B. Staffing shall be in accordance with the
Regulations Governing Special Education Programs for Children with Disabilities
in Virginia (8VAC20-81) in the following settings:
1. A student with an Individualized Education
Program (IEP) may be instructed with students without disabilities, as
appropriate, and in accordance with the IEP.
2. A student with an IEP may receive services
with children with the same disability or with children with different
disabilities.
C. Teacher
personnel assignments shall be in accordance with Regulations Governing Special
Education Programs for Children with Disabilities in Virginia (8VAC20-81).
1. General education qualified personnel who
are knowledgeable about the students and their special education may implement
special services in collaboration with special education personnel.
2. Special education services include those
services provided directly to the student and those provided
indirectly.
D. Teacher
caseloads shall be assigned in accordance with the Regulations Governing
Special Education Programs for Children with Disabilities in Virginia
(8VAC20-81).
1. If children with disabilities
in a single building receive academic content area instruction from multiple
special education teachers, the teachers' caseloads shall be determined by
using a building average.
2. When
special education personnel are assigned to provide services for students who
do not have a disability under this chapter or are assigned to administrative
duties, there shall be a reduction in the caseload specified in proportion to
the percentage of school time on such assignment.
3. Special education personnel may be
assigned to serve children who are not eligible for special education and
related services as long as they hold appropriate licenses and endorsements for
such assignments.
E.
Staffing for early childhood special education shall be in accordance with the
Regulations Governing Special Education Programs for Children with Disabilities
in Virginia (8VAC20-81).
1. Children of
preschool ages (two to five, inclusive) who are eligible for special education
may receive early childhood special education.
2. Students receiving early childhood special
education may receive services together with other preschool-aged children with
the same or with different disabilities.
F. A school may offer for consideration of
approval an alternative staffing plan in accordance with the department's
procedures. The department may grant approval for alternative staffing levels
and teaching assignments upon request from private schools for students with
disabilities seeking to implement innovative programs that are not consistent
with the staffing levels outlined in the Regulations Governing Special
Education Programs for Children with Disabilities in Virginia
(8VAC20-81).
Statutory Authority: §§ 22.1-16 and 22.1-321 of
the Code of Virginia.
