Current through Register Vol. 40, No. 16, March 25, 2024
A. State funds to assist local school
divisions with the cost of providing special education and related services for
children with disabilities shall be provided through the Virginia Department of
Education's appropriation as provided in this section.
B. Children with disabilities enrolled in
programs operated by a local school board:
1.
Public school programs. In addition to the funds received for each pupil from
state basic aid, local school divisions shall receive payment to support the
state share of the number of special education teachers and paraprofessionals
required by the Standards of Quality. (Chapter 13.2 (§ 22.1-253.13:1 et
seq.) of Title 22.1 of the Code of Virginia)
2. Homebound instruction. Subject to
availability, local school divisions shall receive funds to assist with the
cost of educating students who are temporarily confined for medical or
psychological reasons. Such students may continue to be counted in the average
daily membership (ADM) while receiving homebound instruction. In addition,
costs will be reimbursed based on the composite index, the hourly rate paid to
homebound teachers by the local educational agency, and the number of
instructional hours delivered. Reimbursement is made in the year following
delivery of instruction. (Regulations Establishing Standards for Accrediting
Public Schools in Virginia (8VAC20-131))
C. Children with disabilities enrolled in
regional special education programs: (Virginia Appropriation Act; §
22.1-218 of the Code of Virginia)
1. Subject
to availability, reimbursement may be made available for a portion of the costs
associated with placement of children with disabilities in public regional
special education programs pursuant to policies and procedures established by
the Superintendent of Public Instruction or designee.
2. Such reimbursement shall be in lieu of
other state education funding available for each child.
D. Applicability of least restrictive
environment and FAPE provision in state-funded placements. No state-funding
mechanism shall result in placements that deny children with disabilities their
right to be educated with children without disabilities to the maximum extent
appropriate, or otherwise result in a failure to provide a child with a
disability a free appropriate public education. (
34 CFR
300.114(b) )
E. Children with disabilities receiving
special education and related services in regional or local jails. Local school
divisions are reimbursed for the instructional costs of providing required
special education and related services to children with disabilities in
regional or local jails. (Virginia Appropriation Act)
F. Funds under the Comprehensive Services Act
for At-Risk Youth and Families. (§§ 2.2-5211 through 2.2-5212 of the
Code of Virginia)
1. Funds are available
under the Comprehensive Services Act to support the cost of:
a. Special education and related services for
children with disabilities whose IEPs specify private day or private
residential placement;
b. Certain
nonspecial education services for children with disabilities whose
Comprehensive Services Act team identifies that such services are necessary to
maintain the child in a less restrictive special education setting, in
accordance with Comprehensive Services Act requirements; and
c. Special education and related services for
children with disabilities who are placed by a Comprehensive Services Act team
in a private residential placement for noneducational reasons.
2. Local school divisions shall be
responsible for payment of transportation expenses associated with implementing
the child's IEP.
3. Comprehensive
Services Act reimbursement requirements shall be applicable.
4. When a parent unilaterally places a child
with a disability in an approved private nonsectarian school for children with
disabilities, the local school division shall not be responsible for the cost
of the placement. If a special education hearing officer or court determines
that such placement, rather than the IEP proposed by the local school division,
is appropriate and no appeal is perfected from that decision, the local school
division is responsible for placement and funds are available under the
Comprehensive Services Act to support the costs.
G. Reimbursement shall be made for the
education of children with disabilities who: (§ 22.1-101.1B and C of the
Code of Virginia)
1. Have been placed in
foster care or other custodial care within the geographical boundaries of the
school division by a Virginia agency;
2. Have been placed in an orphanage or
children's home, which exercises legal rights; or
3. Is a resident of Virginia, and has been
placed, not solely for school purposes, in a child-caring institution or group
home licensed in accordance with the Code of Virginia.
Statutory Authority
§§ 22.1-16 and 22.1-214 of the Code of
Virginia; 20 USC § 1400 et seq.; 34 CFR Part
300.
