{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/22.1-213.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/22.1-213.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/22.1-213.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/22.1-213.html"}],"law_id":86043,"edition_id":1,"section_id":86043,"structure_id":15147,"section_number":"22.1-213","catch_line":"Definitions","history":"Code 1950, \u00a7 22-10.3; 1974, c. 480; 1978, c. 386; 1980, c. 559; 1983, c. 538; 1990, c. 444; 1994, c. 854; 2001, c. 483; 2012, cc. 476, 507; 2019, c. 288; 2023, cc. 148, 149; 2024, cc. 468, 502.","full_text":"As used in this article:\n\t\t“Children with disabilities” means those persons (i) who are age two to 21, inclusive, having reached the age of two by the date specified in \u00a7 22.1-254; (ii) who have intellectual disability or serious emotional disturbance, are physically disabled, speech impaired, deaf or hard of hearing, visually impaired, or multiple disabled, are otherwise health impaired, including those who have autism spectrum disorder or a specific learning disability, or are otherwise disabled as defined by the Board of Education; and (iii) who because of such impairments need special education.\n\t\t“Instructional practices to support specially designed instruction in inclusive settings” means structured instructional practices, including sequential, systematic, explicit, and cumulative teaching, that (i) are based on reliable, trustworthy, and valid evidence; (ii) provide access to grade-level content in core or general instruction, supplemental instruction, intervention services, and intensive intervention services; (iii) are developed based on reliable data collection and progress monitoring from both valid and reliable assessments and tracking of progress toward individual goals and objectives; (iv) are able to be differentiated in order to meet the individual needs of students; and (v) align with student need based on special education eligibility, present level of performance, and related goals and objectives.\n\t\t“Related services” means transportation and such developmental, corrective, and other supportive services as are required to assist a child with a disability to benefit from special education, including speech pathology and audiology, psychological services, physical and occupational therapy, recreation, early identification and assessment of disabilities in children, counseling services, and medical services for diagnostic or evaluation purposes. “Related services” also includes school health services, social work services in schools, and parent counseling and training.\n\t\t“Special education” means specially designed instruction at no cost to the parent to meet the unique needs of a child with a disability, including classroom instruction, home instruction, instruction provided in hospitals and institutions, instruction in physical education, and instruction in career and technical education.\n\t\t“Specially designed instruction” means instruction for which the content, methodology, or delivery is adapted, as appropriate to the needs of an eligible child, to (i) address the unique needs of the child that result from the child’s disability and (ii) ensure that the child has access to the general curriculum so that the child can meet the educational standards that apply to all children within the jurisdiction of the local educational agency.\n\t\t“Specific learning disability” means a disorder in one or more of the basic psychological processes involved in understanding or using language, spoken or written, which may manifest itself in an imperfect ability to listen, think, speak, read, write, spell, or do mathematical calculations. “Specific learning disability” does not include children who have learning problems that are primarily the result of visual, hearing, motor, or intellectual disability, or of environmental, cultural, or economic disadvantage.","order_by":null,"text":{"0":{"id":308120,"text":"As used in this article:\n\t\t“Children with disabilities” means those persons (i) who are age two to 21, inclusive, having reached the age of two by the date specified in \u00a7 22.1-254; (ii) who have intellectual disability or serious emotional disturbance, are physically disabled, speech impaired, deaf or hard of hearing, visually impaired, or multiple disabled, are otherwise health impaired, including those who have autism spectrum disorder or a specific learning disability, or are otherwise disabled as defined by the Board of Education; and (iii) who because of such impairments need special education.\n\t\t“Instructional practices to support specially designed instruction in inclusive settings” means structured instructional practices, including sequential, systematic, explicit, and cumulative teaching, that (i) are based on reliable, trustworthy, and valid evidence; (ii) provide access to grade-level content in core or general instruction, supplemental instruction, intervention services, and intensive intervention services; (iii) are developed based on reliable data collection and progress monitoring from both valid and reliable assessments and tracking of progress toward individual goals and objectives; (iv) are able to be differentiated in order to meet the individual needs of students; and (v) align with student need based on special education eligibility, present level of performance, and related goals and objectives.\n\t\t“Related services” means transportation and such developmental, corrective, and other supportive services as are required to assist a child with a disability to benefit from special education, including speech pathology and audiology, psychological services, physical and occupational therapy, recreation, early identification and assessment of disabilities in children, counseling services, and medical services for diagnostic or evaluation purposes. “Related services” also includes school health services, social work services in schools, and parent counseling and training.\n\t\t“Special education” means specially designed instruction at no cost to the parent to meet the unique needs of a child with a disability, including classroom instruction, home instruction, instruction provided in hospitals and institutions, instruction in physical education, and instruction in career and technical education.\n\t\t“Specially designed instruction” means instruction for which the content, methodology, or delivery is adapted, as appropriate to the needs of an eligible child, to (i) address the unique needs of the child that result from the child’s disability and (ii) ensure that the child has access to the general curriculum so that the child can meet the educational standards that apply to all children within the jurisdiction of the local educational agency.\n\t\t“Specific learning disability” means a disorder in one or more of the basic psychological processes involved in understanding or using language, spoken or written, which may manifest itself in an imperfect ability to listen, think, speak, read, write, spell, or do mathematical calculations. “Specific learning disability” does not include children who have learning problems that are primarily the result of visual, hearing, motor, or intellectual disability, or of environmental, cultural, or economic disadvantage.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":15147,"edition_id":1,"name":"Special Education","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":12954,"metadata":{},"date_created":"2026-06-26 03:52:32","date_modified":"2026-06-26 03:52:32","permalink":{"id":181827,"object_type":"structure","relational_id":15147,"identifier":"2","token":"22.1\/13\/2","url":"\/22.1\/13\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12954,"edition_id":1,"name":"Programs, Courses of Instruction and Textbooks","identifier":"13","label":"chapter","depth":2,"order_by":1,"parent_id":12823,"metadata":{},"date_created":"2026-06-26 03:44:04","date_modified":"2026-06-26 03:44:04","permalink":{"id":181369,"object_type":"structure","relational_id":12954,"identifier":"13","token":"22.1\/13","url":"\/22.1\/13\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12823,"edition_id":1,"name":"Education","identifier":"22.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":180949,"object_type":"structure","relational_id":12823,"identifier":"22.1","token":"22.1","url":"\/22.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":86043,"structure_id":15147,"section_number":"22.1-213","catch_line":"Definitions","url":"\/22.1-213\/","token":"22.1\/13\/2\/22.1-213","metadata":false},{"id":72577,"structure_id":15147,"section_number":"22.1-213.1","catch_line":"Definition of \"parent.\"","url":"\/22.1-213.1\/","token":"22.1\/13\/2\/22.1-213.1","metadata":false},{"id":82042,"structure_id":15147,"section_number":"22.1-214","catch_line":"Board to prepare special education program for children with disabilities","url":"\/22.1-214\/","token":"22.1\/13\/2\/22.1-214","metadata":false},{"id":84589,"structure_id":15147,"section_number":"22.1-214.1","catch_line":"Issuance of subpoenas by hearing officers","url":"\/22.1-214.1\/","token":"22.1\/13\/2\/22.1-214.1","metadata":false},{"id":76983,"structure_id":15147,"section_number":"22.1-214.2","catch_line":"Definition of \"supervise\" as related to educational programs provided for or by Department of Behavioral Health and Developmental Services","url":"\/22.1-214.2\/","token":"22.1\/13\/2\/22.1-214.2","metadata":false},{"id":75557,"structure_id":15147,"section_number":"22.1-214.3","catch_line":"Department to develop certain curriculum guidelines; 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identification of faculty member responsible for school transition and planning coordination","url":"\/22.1-217.3\/","token":"22.1\/13\/2\/22.1-217.3","metadata":false},{"id":64604,"structure_id":15147,"section_number":"22.1-217.4","catch_line":"Students who need or use augmentative and alternative communication; documentation of needs on individualized education program; staff training","url":"\/22.1-217.4\/","token":"22.1\/13\/2\/22.1-217.4","metadata":false},{"id":57704,"structure_id":15147,"section_number":"22.1-218","catch_line":"Reimbursement for placement in private schools; reimbursement of school boards from state funds","url":"\/22.1-218\/","token":"22.1\/13\/2\/22.1-218","metadata":false},{"id":82088,"structure_id":15147,"section_number":"22.1-218.1","catch_line":"Duty to process placements through the Interstate Compact on the Placement of Children","url":"\/22.1-218.1\/","token":"22.1\/13\/2\/22.1-218.1","metadata":false},{"id":75611,"structure_id":15147,"section_number":"22.1-219","catch_line":"Use of federal, state or local funds not restricted","url":"\/22.1-219\/","token":"22.1\/13\/2\/22.1-219","metadata":false},{"id":57888,"structure_id":15147,"section_number":"22.1-220","catch_line":"Power of counties, cities, and towns to appropriate and expend funds for education of children with disabilities","url":"\/22.1-220\/","token":"22.1\/13\/2\/22.1-220","metadata":false},{"id":71791,"structure_id":15147,"section_number":"22.1-221","catch_line":"Transportation of children with disabilities attending public or private special education programs","url":"\/22.1-221\/","token":"22.1\/13\/2\/22.1-221","metadata":false},{"id":63209,"structure_id":15147,"section_number":"22.1-222","catch_line":"Repealed","url":"\/22.1-222\/","token":"22.1\/13\/2\/22.1-222","metadata":false}],"next_section":{"id":72577,"structure_id":15147,"section_number":"22.1-213.1","catch_line":"Definition of \"parent.\"","url":"\/22.1-213.1\/","token":"22.1\/13\/2\/22.1-213.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/22.1-213\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 11 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1974, chapter 480; in 1978, chapter 386; in 1980, chapter 559; in 1983, chapter 538; in 1990, chapter 444; in 1994, chapter 854<\/a>; in 2001, chapter 483<\/a>; in 2012, chapters 476<\/a> and 507<\/a>; in 2019, chapter 288<\/a>; in 2023, chapters 148<\/a> and 149<\/a>; in 2024, chapters 468<\/a> and 502<\/a>.<\/p>","references":[{"id":62499,"section_number":"16.1-293","catch_line":"Supervision of juvenile or person during commitment and on parole; placing juvenile in halfway house","order_by":null,"url":"\/16.1-293\/"},{"id":79201,"section_number":"2.2-5211","catch_line":"State pool of funds for community policy and management teams","order_by":null,"url":"\/2.2-5211\/"},{"id":58187,"section_number":"22.1-129.1","catch_line":"Transfer of assistive technology devices","order_by":null,"url":"\/22.1-129.1\/"},{"id":82042,"section_number":"22.1-214","catch_line":"Board to prepare special education program for children with disabilities","order_by":null,"url":"\/22.1-214\/"},{"id":65986,"section_number":"22.1-253.13:3","catch_line":"(Effective July 1, 2026) Standard 3. Accreditation, other standards, assessments, and releases from state regulations","order_by":null,"url":"\/22.1-253.13_3\/"},{"id":59319,"section_number":"22.1-253.13:4","catch_line":"Standard 4. Student achievement and graduation requirements","order_by":null,"url":"\/22.1-253.13_4\/"},{"id":80543,"section_number":"22.1-289","catch_line":"Transfer and management of scholastic records; disclosure of information in court notices; penalty","order_by":null,"url":"\/22.1-289\/"},{"id":86640,"section_number":"22.1-7","catch_line":"Responsibility of each state board, agency, and institution having children in residence or in custody","order_by":null,"url":"\/22.1-7\/"},{"id":71364,"section_number":"23.1-902.1","catch_line":"(Effective July 1, 2026) Education preparation programs; coursework; audit","order_by":null,"url":"\/23.1-902.1\/"},{"id":71015,"section_number":"9.1-153","catch_line":"Volunteer court-appointed special advocates; powers and duties; assignment; qualifications; training","order_by":null,"url":"\/9.1-153\/"},{"id":66402,"section_number":"9.1-156","catch_line":"Inspection and copying of records by advocate; confidentiality of records","order_by":null,"url":"\/9.1-156\/"}],"refers_to":[{"id":64677,"section_number":"22.1-254","catch_line":"Compulsory attendance required; excuses and waivers; alternative education program attendance; exemptions from article","order_by":null,"url":"\/22.1-254\/"}],"permalink":{"id":181829,"object_type":"law","relational_id":86043,"identifier":"22.1-213","token":"22.1\/13\/2\/22.1-213","url":"\/22.1-213\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/22.1-213\/","token":"22.1\/13\/2\/22.1-213","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 22.1-213","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

As used in this article:\n\t\t“Children with disabilities<\/span>” means those persons (i) who are age two to 21, inclusive, having reached the age of two by the date specified in \u00a7 22.1-254<\/a>; (ii) who have intellectual disability or serious emotional disturbance, are physically disabled, speech impaired, deaf or hard of hearing<\/span>, visually impaired, or multiple disabled, are otherwise health impaired, including those who have autism spectrum disorder or a specific learning disability<\/span>, or are otherwise disabled as defined by the Board<\/span> of Education; and (iii) who because of such impairments need special education<\/span>.\n\t\t“Instructional practices to support specially designed instruction<\/span> in inclusive settings<\/span>” means structured instructional practices, including sequential, systematic, explicit, and cumulative teaching, that (i) are based on reliable, trustworthy, and valid evidence<\/span>; (ii) provide access to grade-level content in core or general instruction, supplemental instruction, intervention services, and intensive intervention services; (iii) are developed based on reliable data collection and progress monitoring from both valid and reliable assessments and tracking of progress toward individual goals and objectives; (iv) are able to be differentiated in order<\/span> to meet the individual needs of students; and (v) align with student need based on special education<\/span> eligibility, present level of performance, and related goals and objectives.\n\t\t“Related services<\/span>” means transportation and such developmental, corrective, and other supportive services as are required to assist a child with a disability to benefit from special education<\/span>, including speech pathology and audiology, psychological services, physical and occupational therapy, recreation, early identification and assessment of disabilities in children, counseling services, and medical services for diagnostic or evaluation purposes. “Related services<\/span>” also includes school health services, social work services in schools, and parent<\/span> counseling and training.\n\t\t“Special education<\/span>” means specially designed instruction<\/span> at no cost to the parent<\/span> to meet the unique needs of a child with a disability, including classroom instruction, home instruction, instruction provided in hospitals and institutions, instruction in physical education, and instruction in career and technical education.\n\t\t“Specially designed instruction<\/span>” means instruction for which the content, methodology, or delivery is adapted, as appropriate to the needs of an eligible child, to (i) address the unique needs of the child that result from the child’s disability and (ii) ensure that the child has access to the general curriculum so that the child can meet the educational standards that apply to all children within the jurisdiction<\/span> of the local educational agency.\n\t\t“Specific learning disability<\/span>” means a disorder in one or more of the basic psychological processes involved in understanding or using language, spoken or written, which may manifest itself in an imperfect ability to listen, think, speak, read, write, spell, or do mathematical calculations. “Specific learning disability<\/span>” does not include children who have learning problems that are primarily the result of visual, hearing<\/span>, motor, or intellectual disability, or of environmental, cultural, or economic disadvantage.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 22.1-213)\n\nAs used in this article:\n\t\t“Children with disabilities” means those persons (i) who are age\ntwo to 21, inclusive, having reached the age of two by the date specified in \u00a7\n22.1-254; (ii) who have intellectual disability or serious emotional\ndisturbance, are physically disabled, speech impaired, deaf or hard of hearing,\nvisually impaired, or multiple disabled, are otherwise health impaired,\nincluding those who have autism spectrum disorder or a specific learning\ndisability, or are otherwise disabled as defined by the Board of Education; and\n(iii) who because of such impairments need special education.\n\t\t“Instructional practices to support specially designed instruction in\ninclusive settings” means structured instructional practices, including\nsequential, systematic, explicit, and cumulative teaching, that (i) are based on\nreliable, trustworthy, and valid evidence; (ii) provide access to grade-level\ncontent in core or general instruction, supplemental instruction, intervention\nservices, and intensive intervention services; (iii) are developed based on\nreliable data collection and progress monitoring from both valid and reliable\nassessments and tracking of progress toward individual goals and objectives;\n(iv) are able to be differentiated in order to meet the individual needs of\nstudents; and (v) align with student need based on special education\neligibility, present level of performance, and related goals and objectives.\n\t\t“Related services” means transportation and such developmental,\ncorrective, and other supportive services as are required to assist a child with\na disability to benefit from special education, including speech pathology and\naudiology, psychological services, physical and occupational therapy,\nrecreation, early identification and assessment of disabilities in children,\ncounseling services, and medical services for diagnostic or evaluation purposes.\n“Related services” also includes school health services, social work\nservices in schools, and parent counseling and training.\n\t\t“Special education” means specially designed instruction at no\ncost to the parent to meet the unique needs of a child with a disability,\nincluding classroom instruction, home instruction, instruction provided in\nhospitals and institutions, instruction in physical education, and instruction\nin career and technical education.\n\t\t“Specially designed instruction” means instruction for which the\ncontent, methodology, or delivery is adapted, as appropriate to the needs of an\neligible child, to (i) address the unique needs of the child that result from\nthe child’s disability and (ii) ensure that the child has access to the\ngeneral curriculum so that the child can meet the educational standards that\napply to all children within the jurisdiction of the local educational agency.\n\t\t“Specific learning disability” means a disorder in one or more of\nthe basic psychological processes involved in understanding or using language,\nspoken or written, which may manifest itself in an imperfect ability to listen,\nthink, speak, read, write, spell, or do mathematical calculations.\n“Specific learning disability” does not include children who have\nlearning problems that are primarily the result of visual, hearing, motor, or\nintellectual disability, or of environmental, cultural, or economic\ndisadvantage.\n\nHISTORY: Code 1950, \u00a7 22-10.3; 1974, c. 480; 1978, c. 386; 1980, c. 559; 1983,\nc. 538; 1990, c. 444; 1994, c. 854; 2001, c. 483; 2012, cc. 476, 507; 2019, c.\n288; 2023, cc. 148, 149; 2024, cc. 468, 502.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}