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 IV - Funding
Section 8VAC20-81-290 - Appeal of administrative decision regarding funding
Universal Citation: 8 VA Admin Code 20-81-290
Current through Register Vol. 40, No. 16, March 25, 2024
A. The Virginia Department of Education's recommendation to disapprove local eligibility for funding under the Act, or withhold state and federal funds for special education and related services, may be appealed by a local educational agency. ( 34 CFR 76.401 and 34 CFR 300.155 )
B. The procedures for the appeal of administrative decisions are as follows: ( 34 CFR 76.401 and 34 CFR 300.155 )
1.
The local educational agency shall request, in writing, a hearing by the
Virginia Department of Education within 30 business days from the receipt of
notification from the Superintendent of Public Instruction;
2. Within 10 business days from the date of
request for a hearing, the Superintendent of Public Instruction shall notify
the local educational agency in writing of the date, time, and location of the
hearing;
3. The hearing shall be
conducted within 15 business days from the date of notification;
4. The hearing shall be conducted by an
independent hearing officer in conformance with the provisions of §§
2.2-4020 and 2.2-4024 of the Code of Virginia;
5. Witnesses and attorneys may be present and
testify for the Virginia Department of Education or the local educational
agency;
6. A written or electronic
verbatim record shall be kept of all proceedings of the hearing;
7. The hearing officer shall review all
pertinent evidence presented and shall render a decision based on the
preponderance of evidence presented at the hearing and on applicable state and
federal law;
8. No later than 10
business days after the hearing, the hearing officer shall issue a written
ruling, including findings of fact and reasons for the findings;
9. The decision made by the hearing officer
shall be final unless an appeal is requested by a local educational
agency;
10. If the Virginia
Department of Education does not rescind its final action after a review under
this subsection, the applicant may appeal to the U.S. Secretary of Education
under the provisions of the Education Department General Administrative
Regulations; and
11. Notice of
appeal shall be filed within 20 days after the local educational agency has
been notified by the Virginia Department of Education of the results of the
hearing.
Statutory Authority
§§ 22.1-16 and 22.1-214 of the Code of Virginia; 20 USC § 1400 et seq.; 34 CFR Part 300.
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