Virginia Administrative Code
Title 8 - EDUCATION
Agency 20 - STATE BOARD OF EDUCATION
Chapter 81 - REGULATIONS GOVERNING SPECIAL EDUCATION PROGRAMS FOR CHILDREN WITH DISABILITIES IN VIRGINIA
Part III - Responsibilities of Local School Divisions and State-Operated Programs
Section 8VAC20-81-90 - Termination of special education and related services
Current through Register Vol. 40, No. 16, March 25, 2024
A. Termination of a child's eligibility for special education and related services shall be determined by an eligibility group.
B. The IEP team shall terminate the child's eligibility for a related service without determining that the child is no longer a child with a disability who is eligible for special education and related services. The IEP team shall make this determination based on the current data in the child's education record, or by evaluating the child in accordance with 8VAC20-81-70.
C. Written parental consent shall be required prior to any partial or complete termination of services.
D. Prior to any partial or complete termination of special education and related services, the local educational agency shall comply with the prior written notice requirements of 8VAC20-81-170 C.
E. If the parent(s) revokes consent in writing for the child to continue to receive special education and related services, the local educational agency shall follow the procedures in 8VAC20-81-170 E 3 a to terminate the child's receipt of special education and related services. ( 34 CFR 300.9 and 34 CFR 300.300(b)(4) )
F. Summary of academic achievement and functional performance. ( 34 CFR 300.305(e)(3) )
Statutory Authority: §§ 22.1-16 and 22.1-214 of the Code of Virginia; 34 CFR Part 300.