Forward relevant FERPA Long-standing Virginia requirement to reflect established information for Prior Virginia practice of diagnostic information to improve instruction to the Regulations instruction. Reflects FERPA requirement regarding child’s teachers if consent when sharing with private schools. the child is not found eligible. Requirements for New in Created a provision to apply eligibility requirements for LD LD eligibility applied to all students considered for eligibility, including: group to all disabilities Regulations considerations; requirements for documenting the eligibility group’s determination of eligibility; required members of the eligibility group; require that the eligibility group include at least one member trained in observation; and the LEA’s responsibility to observe the child as part of the evaluation process. Determination of New in 2009-10 Created a provision requiring that eligibility determination eligibility Virginia Regulations must be made on an individual basis by the eligibility group, to remind school personnel and parents that such decisions must be individualized and not based on administrative or reasons other than the child’s educational needs. Eligibility criteria New in 2009-10 Created provisions for eligibility criteria for the following Virginia Regulations disabilities: autism, deafness, developmental delay, hearing impairment, intellectual disability, other health impairment, speech or language impairment, and visual impairment. IEP team meeting New in 2009-10 Created a provision to provide LEAs with flexibility: if the following eligibility Virginia Regulations eligibility group determines that there is no change in meeting after a eligibility and educational needs, the IEP team is not reevaluation required to convene, unless the parent requests it. 8 VAC 20-81-90 Termination of special education and related services Provisions required to implement IDEA under general supervision requirements. Provision Source of Discussion Requirement Parental consent Virginia Long-standing Virginia requirement. Consent requirements to terminate Regulations established in 1980. services Terminating Prior Virginia Created provision in the 2001-02 Virginia Regulations to related service Regulations specify a process that is necessary but absent in IDEA regulations; minimizes meeting requirements. Summary of New in 2009-10 Expanded federal provision that mandates if a student academic Virginia Regulations graduates with a regular diploma or when the student achievement and reaches age 22, the LEA provides the summary. Current functional Virginia Regulations address when the summary must be performance provided if the student leaves prior to graduation/age 22 and returns to school. 8 VAC 20-81-100 Free appropriate public education Provisions required to implement IDEA general supervision requirements.
Forward relevant information for instruction to the child’s teachers if the child is not found eligible. FERPA Prior Virginia Regulations Long-standing Virginia requirement to reflect established practice of diagnostic information to improve instruction. Reflects FERPA requirement regarding consent when sharing with private schools. Requirements for LD eligibility applied to all disabilities New in Regulations Created a provision to apply eligibility requirements for LD to all students considered for eligibility, including: group considerations; requirements for documenting the eligibility group’s determination of eligibility; required members of the eligibility group; require that the eligibility group include at least one member trained in observation; and the LEA’s responsibility to observe the child as part of the evaluation process. Determination of eligibility New in 2009-10 Virginia Regulations Created a provision requiring that eligibility determination must be made on an individual basis by the eligibility group, to remind school personnel and parents that such decisions must be individualized and not based on administrative or reasons other than the child’s educational needs. Eligibility criteria New in 2009-10 Virginia Regulations Created provisions for eligibility criteria for the following disabilities: autism, deafness, developmental delay, hearing impairment, intellectual disability, other health impairment, speech or language impairment, and visual impairment. IEP team meeting following eligibility meeting after a reevaluation New in 2009-10 Virginia Regulations Created a provision to provide LEAs with flexibility: if the eligibility group determines that there is no change in eligibility and educational needs, the IEP team is not required to convene, unless the parent requests it. 8 VAC 20-81-90 Termination of special education and related services Provisions required to implement IDEA under general supervision requirements. Provision Source of Requirement Discussion Parental consent to terminate services Virginia Regulations Long-standing Virginia requirement. Consent requirements established in 1980. Terminating related service Prior Virginia Regulations Created provision in the 2001-02 Virginia Regulations to specify a process that is necessary but absent in IDEA regulations; minimizes meeting requirements. Summary of academic achievement and functional performance New in 2009-10 Virginia Regulations Expanded federal provision that mandates if a student graduates with a regular diploma or when the student reaches age 22, the LEA provides the summary. Current Virginia Regulations address when the summary must be provided if the student leaves prior to graduation/age 22 and returns to school. 8 VAC 20-81-100 Free appropriate public education Provisions required to implement IDEA general supervision requirements.
va-508-version-partb-app2018.docx