{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/22.1-214.4.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/22.1-214.4.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/22.1-214.4.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/22.1-214.4.html"}],"law_id":81597,"edition_id":1,"section_id":81597,"structure_id":15147,"section_number":"22.1-214.4","catch_line":"Certain duties of Department","history":"2021, Sp. Sess. I, cc. 173, 451, 452; 2024, cc. 468, 502.","full_text":"The Department shall:\n\n1\n\nProvide training and guidance documents to local school divisions on the development of individualized education programs (IEPs) for children with disabilities that incorporate specific examples of high-quality present level of performance descriptions, annual goals, and postsecondary transition sections.2\n\nDevelop a required training module for each individual who participates in an IEP meeting that comprehensively addresses and explains in detail (i) each IEP team member’s respective role in the IEP meeting, (ii) the IEP development process, and (iii) components of effective IEPs. The training module shall be required for all IEP participants, with the exception of parents, prior to participating in an IEP meeting and at regular intervals thereafter.3\n\nAnnually conduct structured reviews of a sample of IEPs from a sufficiently large sample of local school divisions to verify that the IEPs are in compliance with state and federal laws and regulations governing IEP content, and provide a summary report of the findings of such reviews and recommendations regarding any necessary corrective actions to the reviewed divisions’ superintendents, special education directors, school board chairs and vice-chairs, and local special education advisory committees. In reviewing local school divisions’ IEPs, the Department shall determine whether the special education and related services, supplementary aids and services, and program modifications that will be provided to enable students with disabilities to participate in nonacademic and extracurricular activities are sufficient, and include its findings and corrective actions in the summary reports it provides to the reviewed local school divisions’ superintendents, special education directors, and school board members. Nothing in this section shall be construed to (i) direct the Department to make determinations regarding whether a particular IEP provides a free appropriate public education to any individual student or (ii) authorize the Department to override a parent’s consent to proposed revisions to an individual student’s IEP. In determining corrective actions, the Department shall make recommendations to the relevant school division regarding, among other things, those individual IEPs for which the IEP team should convene to consider revisions necessary to incorporate content required by special education regulations. For those individual IEPs for which the Department recommends that the IEP team should convene to consider such revisions, the relevant school division shall notify the relevant parents or caregivers of the recommendations issued in the summary report of the structured review conducted pursuant to this subdivision.4\n\nDevelop and maintain a statewide plan for improving (i) its ongoing oversight of local practices related to transition planning and services for children with disabilities and (ii) technical assistance and guidance provided for postsecondary transition planning and services for children with disabilities. At a minimum, such plan shall articulate how the Department will reliably and comprehensively assess the compliance and quality of transition plans for children with disabilities on an ongoing basis and communicate findings to local school division staff and local school boards. The Department shall, no later than December 1 of each year, update the Chairmen of the Senate Committee on Education and Health and the House Committee on Education on its progress in implementing such plan.5\n\nDevelop and maintain a statewide strategic plan for recruiting and retaining special education teachers. At a minimum, such plan shall (i) use data analyses to determine the specific staffing needs of each local school division on an ongoing basis; (ii) evaluate the potential effectiveness of strategies for addressing recruitment and retention challenges, including tuition assistance, differentiated pay for special education teachers, and the expansion of special education teacher mentorships; and (iii) estimate the costs of implementing each such strategy, including the extent to which federal funds could be used to support implementation. The Department shall, no later than November 1 of each year, update the Chairmen of the Senate Committee on Education and Health and the House Committee on Education on its progress in implementing such plan.6\n\nIn order to (i) address variation in rates of determinations of student eligibility for special education and related services both across local school divisions in the Commonwealth and based on specific student disabilities, (ii) promote consistency in such eligibility determinations, and (iii) ensure equal access to special education and related services across local school divisions, (a) review and update all forms and worksheets relating to referral, evaluation, reevaluation, and eligibility, including clarifying any ambiguity or vagueness in the standard for providing an initial evaluation or in eligibility criteria; (b) review and update guidance on the implementation of such referral, evaluation, reevaluation, and eligibility forms and worksheets and the legal obligations of local school boards to conduct initial evaluations and make eligibility determinations for special education and related services; and (c) develop high-quality professional development to support the implementation of such referral, evaluation, reevaluation, and eligibility guidance, forms, and worksheets.7\n\n(i) Develop criteria for what constitutes “exceptional circumstances” that warrant extension of the 60-calendar day regulatory timeline for complaint investigations and include the criteria in its publicly available complaint resolution procedures, (ii) consistently track the Department’s receipt of each sufficient complaint and its issuance of the respective letter of findings, and (iii) require staff to report at least quarterly to the Superintendent on the specific reasons for granting an extension due to “exceptional circumstances” and the amount of time it took to complete each investigation beyond the 60-calendar day regulatory timeline.8\n\nDevelop policies and procedures for considering and addressing credible allegations of local education agency (LEA) noncompliance with the requirements of the Individuals with Disabilities Education Act (P.L. 101-476) that do not meet the current regulatory standard for state complaints. Such policies and procedures shall include expectations and mechanisms for collaboration between the Office of Dispute Resolution and Administrative Services and the Office of Special Education Program Improvement in the Division of Special Education and Student Services at the Department to investigate and resolve such credible allegations of noncompliance that do not qualify for state complaint investigations.9\n\nElevate the position of State Parent Ombudsman for Special Education. The State Parent Ombudsman for Special Education shall (i) report to the Superintendent; (ii) systematically track and report to the Department questions and concerns raised by parents to the State Parent Ombudsman for Special Education and special education family support centers established pursuant to § 22.1-214.5; (iii) coordinate with the Parent Training and Information Center on the activities of the special education family support centers established pursuant to § 22.1-214.5; and (iv) develop a one-page comprehensive summary of the roles and responsibilities of the State Parent Ombudsman for Special Education and such special education family support centers, the specific supports the State Parent Ombudsman for Special Education and such special education family support centers can provide to parents, and how to contact the State Parent Ombudsman for Special Education and such special education family support centers. The Department shall make the summary available in multiple languages on its website and as part of the Virginia IEP established pursuant to subdivision 11.10\n\nDevelop and implement a process for systematically auditing and verifying school divisions’ self-determinations of compliance with all Individuals with Disabilities Education Act (P.L. 101-476) performance indicators. The verification process shall include a random sample of school divisions each year and ensure that all school divisions’ self-determinations are reviewed and verified no less frequently than once every five years.11\n\n(Effective July 1, 2027) Develop, establish, review and update as necessary at least once every five years, and make available to each local school board an IEP writing, facilitation, tracking, and transfer system to be referred to as the Virginia IEP that includes, at a minimum, an IEP template component and a data system component. The Department shall ensure that such data system component allows for secure transfer of data from division student information systems to the Department. The Department shall also develop and make available to each local school board guidance on the utilization of the Virginia IEP and high-quality professional development to support (i) the effective utilization of the Virginia IEP and (ii) the implementation of instructional practices to support the provision of specially designed instruction in inclusive settings.12\n\nDevelop and publish a data dashboard for the annual public reporting, on a date to be determined by the Superintendent, of state-level, division-level, and school-level special education data, disaggregated by disability type and by subgroups of students with disabilities, including by race, ethnicity, economic disadvantage, English learner status, foster care status, and unhoused status, except when such disaggregation would result in the disclosure of any student’s personally identifiable information in violation of relevant federal and state law. Such data dashboard shall include disaggregated (i) results on the early literacy screener provided by the Department, the Virginia Kindergarten Readiness Program, and Standards of Learning assessments and (ii) college and career readiness and learning climate measures.","order_by":null,"text":{"0":{"id":292211,"text":"The Department shall:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":292212,"text":"Provide training and guidance documents to local school divisions on the development of individualized education programs (IEPs) for children with disabilities that incorporate specific examples of high-quality present level of performance descriptions, annual goals, and postsecondary transition sections.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":292213,"text":"Develop a required training module for each individual who participates in an IEP meeting that comprehensively addresses and explains in detail (i) each IEP team member’s respective role in the IEP meeting, (ii) the IEP development process, and (iii) components of effective IEPs. The training module shall be required for all IEP participants, with the exception of parents, prior to participating in an IEP meeting and at regular intervals thereafter.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":292214,"text":"Annually conduct structured reviews of a sample of IEPs from a sufficiently large sample of local school divisions to verify that the IEPs are in compliance with state and federal laws and regulations governing IEP content, and provide a summary report of the findings of such reviews and recommendations regarding any necessary corrective actions to the reviewed divisions’ superintendents, special education directors, school board chairs and vice-chairs, and local special education advisory committees. In reviewing local school divisions’ IEPs, the Department shall determine whether the special education and related services, supplementary aids and services, and program modifications that will be provided to enable students with disabilities to participate in nonacademic and extracurricular activities are sufficient, and include its findings and corrective actions in the summary reports it provides to the reviewed local school divisions’ superintendents, special education directors, and school board members. Nothing in this section shall be construed to (i) direct the Department to make determinations regarding whether a particular IEP provides a free appropriate public education to any individual student or (ii) authorize the Department to override a parent’s consent to proposed revisions to an individual student’s IEP. In determining corrective actions, the Department shall make recommendations to the relevant school division regarding, among other things, those individual IEPs for which the IEP team should convene to consider revisions necessary to incorporate content required by special education regulations. For those individual IEPs for which the Department recommends that the IEP team should convene to consider such revisions, the relevant school division shall notify the relevant parents or caregivers of the recommendations issued in the summary report of the structured review conducted pursuant to this subdivision.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":292215,"text":"Develop and maintain a statewide plan for improving (i) its ongoing oversight of local practices related to transition planning and services for children with disabilities and (ii) technical assistance and guidance provided for postsecondary transition planning and services for children with disabilities. At a minimum, such plan shall articulate how the Department will reliably and comprehensively assess the compliance and quality of transition plans for children with disabilities on an ongoing basis and communicate findings to local school division staff and local school boards. The Department shall, no later than December 1 of each year, update the Chairmen of the Senate Committee on Education and Health and the House Committee on Education on its progress in implementing such plan.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":292216,"text":"Develop and maintain a statewide strategic plan for recruiting and retaining special education teachers. At a minimum, such plan shall (i) use data analyses to determine the specific staffing needs of each local school division on an ongoing basis; (ii) evaluate the potential effectiveness of strategies for addressing recruitment and retention challenges, including tuition assistance, differentiated pay for special education teachers, and the expansion of special education teacher mentorships; and (iii) estimate the costs of implementing each such strategy, including the extent to which federal funds could be used to support implementation. The Department shall, no later than November 1 of each year, update the Chairmen of the Senate Committee on Education and Health and the House Committee on Education on its progress in implementing such plan.","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"6":{"id":292217,"text":"In order to (i) address variation in rates of determinations of student eligibility for special education and related services both across local school divisions in the Commonwealth and based on specific student disabilities, (ii) promote consistency in such eligibility determinations, and (iii) ensure equal access to special education and related services across local school divisions, (a) review and update all forms and worksheets relating to referral, evaluation, reevaluation, and eligibility, including clarifying any ambiguity or vagueness in the standard for providing an initial evaluation or in eligibility criteria; (b) review and update guidance on the implementation of such referral, evaluation, reevaluation, and eligibility forms and worksheets and the legal obligations of local school boards to conduct initial evaluations and make eligibility determinations for special education and related services; and (c) develop high-quality professional development to support the implementation of such referral, evaluation, reevaluation, and eligibility guidance, forms, and worksheets.","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"7":{"id":292218,"text":"(i) Develop criteria for what constitutes “exceptional circumstances” that warrant extension of the 60-calendar day regulatory timeline for complaint investigations and include the criteria in its publicly available complaint resolution procedures, (ii) consistently track the Department’s receipt of each sufficient complaint and its issuance of the respective letter of findings, and (iii) require staff to report at least quarterly to the Superintendent on the specific reasons for granting an extension due to “exceptional circumstances” and the amount of time it took to complete each investigation beyond the 60-calendar day regulatory timeline.","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"8"},"8":{"id":292219,"text":"Develop policies and procedures for considering and addressing credible allegations of local education agency (LEA) noncompliance with the requirements of the Individuals with Disabilities Education Act (P.L. 101-476) that do not meet the current regulatory standard for state complaints. Such policies and procedures shall include expectations and mechanisms for collaboration between the Office of Dispute Resolution and Administrative Services and the Office of Special Education Program Improvement in the Division of Special Education and Student Services at the Department to investigate and resolve such credible allegations of noncompliance that do not qualify for state complaint investigations.","type":"section","prefixes":["8"],"prefix":"8","entire_prefix":"8","prefix_anchor":"8","level":1,"prior_prefix":"7","next_prefix":"9"},"9":{"id":292220,"text":"Elevate the position of State Parent Ombudsman for Special Education. The State Parent Ombudsman for Special Education shall (i) report to the Superintendent; (ii) systematically track and report to the Department questions and concerns raised by parents to the State Parent Ombudsman for Special Education and special education family support centers established pursuant to § 22.1-214.5; (iii) coordinate with the Parent Training and Information Center on the activities of the special education family support centers established pursuant to § 22.1-214.5; and (iv) develop a one-page comprehensive summary of the roles and responsibilities of the State Parent Ombudsman for Special Education and such special education family support centers, the specific supports the State Parent Ombudsman for Special Education and such special education family support centers can provide to parents, and how to contact the State Parent Ombudsman for Special Education and such special education family support centers. The Department shall make the summary available in multiple languages on its website and as part of the Virginia IEP established pursuant to subdivision 11.","type":"section","prefixes":["9"],"prefix":"9","entire_prefix":"9","prefix_anchor":"9","level":1,"prior_prefix":"8","next_prefix":"10"},"10":{"id":292221,"text":"Develop and implement a process for systematically auditing and verifying school divisions’ self-determinations of compliance with all Individuals with Disabilities Education Act (P.L. 101-476) performance indicators. The verification process shall include a random sample of school divisions each year and ensure that all school divisions’ self-determinations are reviewed and verified no less frequently than once every five years.","type":"section","prefixes":["10"],"prefix":"10","entire_prefix":"10","prefix_anchor":"10","level":1,"prior_prefix":"9","next_prefix":"11"},"11":{"id":292222,"text":"(Effective July 1, 2027) Develop, establish, review and update as necessary at least once every five years, and make available to each local school board an IEP writing, facilitation, tracking, and transfer system to be referred to as the Virginia IEP that includes, at a minimum, an IEP template component and a data system component. The Department shall ensure that such data system component allows for secure transfer of data from division student information systems to the Department. The Department shall also develop and make available to each local school board guidance on the utilization of the Virginia IEP and high-quality professional development to support (i) the effective utilization of the Virginia IEP and (ii) the implementation of instructional practices to support the provision of specially designed instruction in inclusive settings.","type":"section","prefixes":["11"],"prefix":"11","entire_prefix":"11","prefix_anchor":"11","level":1,"prior_prefix":"10","next_prefix":"12"},"12":{"id":292223,"text":"Develop and publish a data dashboard for the annual public reporting, on a date to be determined by the Superintendent, of state-level, division-level, and school-level special education data, disaggregated by disability type and by subgroups of students with disabilities, including by race, ethnicity, economic disadvantage, English learner status, foster care status, and unhoused status, except when such disaggregation would result in the disclosure of any student’s personally identifiable information in violation of relevant federal and state law. Such data dashboard shall include disaggregated (i) results on the early literacy screener provided by the Department, the Virginia Kindergarten Readiness Program, and Standards of Learning assessments and (ii) college and career readiness and learning climate measures.","type":"section","prefixes":["12"],"prefix":"12","entire_prefix":"12","prefix_anchor":"12","level":1,"prior_prefix":"11"}},"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; Board to approve","url":"\/22.1-214.3\/","token":"22.1\/13\/2\/22.1-214.3","metadata":false},{"id":81597,"structure_id":15147,"section_number":"22.1-214.4","catch_line":"Certain duties of Department","url":"\/22.1-214.4\/","token":"22.1\/13\/2\/22.1-214.4","metadata":false},{"id":69592,"structure_id":15147,"section_number":"22.1-214.5","catch_line":"Special education family support centers","url":"\/22.1-214.5\/","token":"22.1\/13\/2\/22.1-214.5","metadata":false},{"id":64302,"structure_id":15147,"section_number":"22.1-215","catch_line":"School divisions to provide special education; plan to be submitted to Board","url":"\/22.1-215\/","token":"22.1\/13\/2\/22.1-215","metadata":false},{"id":64419,"structure_id":15147,"section_number":"22.1-215.1","catch_line":"Information regarding procedures and rights relating to special education placement and withdrawal","url":"\/22.1-215.1\/","token":"22.1\/13\/2\/22.1-215.1","metadata":false},{"id":68219,"structure_id":15147,"section_number":"22.1-215.2","catch_line":"Parental notification; literacy and Response to Intervention screening and services; certain assessment results","url":"\/22.1-215.2\/","token":"22.1\/13\/2\/22.1-215.2","metadata":false},{"id":72209,"structure_id":15147,"section_number":"22.1-215.3","catch_line":"Annual individualized education program planning process; dual enrollment courses; certain parental notice required; model notice","url":"\/22.1-215.3\/","token":"22.1\/13\/2\/22.1-215.3","metadata":false},{"id":60392,"structure_id":15147,"section_number":"22.1-216","catch_line":"Use of public or private facilities and personnel under contract for special education","url":"\/22.1-216\/","token":"22.1\/13\/2\/22.1-216","metadata":false},{"id":69916,"structure_id":15147,"section_number":"22.1-217","catch_line":"Visually impaired children","url":"\/22.1-217\/","token":"22.1\/13\/2\/22.1-217","metadata":false},{"id":66941,"structure_id":15147,"section_number":"22.1-217.01","catch_line":"Information on educational and other services for students identified as deaf or hard of hearing or visually impaired","url":"\/22.1-217.01\/","token":"22.1\/13\/2\/22.1-217.01","metadata":false},{"id":78958,"structure_id":15147,"section_number":"22.1-217.02","catch_line":"Individualized education programs; children identified as deaf or hard-of-hearing","url":"\/22.1-217.02\/","token":"22.1\/13\/2\/22.1-217.02","metadata":false},{"id":79984,"structure_id":15147,"section_number":"22.1-217.03","catch_line":"Individualized education program teams to consider need for certain age-appropriate and developmentally appropriate instruction","url":"\/22.1-217.03\/","token":"22.1\/13\/2\/22.1-217.03","metadata":false},{"id":69608,"structure_id":15147,"section_number":"22.1-217.04","catch_line":"Language development for children who are deaf or hard of hearing; assessment resources for parents and educators; advisory committee; report","url":"\/22.1-217.04\/","token":"22.1\/13\/2\/22.1-217.04","metadata":false},{"id":71721,"structure_id":15147,"section_number":"22.1-217.1","catch_line":"Programs for the research and development of innovative methods of teaching children with mental illness, intellectual disability, or serious emotional disturbance","url":"\/22.1-217.1\/","token":"22.1\/13\/2\/22.1-217.1","metadata":false},{"id":74061,"structure_id":15147,"section_number":"22.1-217.2","catch_line":"Special education transition planning and materials","url":"\/22.1-217.2\/","token":"22.1\/13\/2\/22.1-217.2","metadata":false},{"id":68130,"structure_id":15147,"section_number":"22.1-217.3","catch_line":"Special education transition; 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}],"previous_section":{"id":75557,"structure_id":15147,"section_number":"22.1-214.3","catch_line":"Department to develop certain curriculum guidelines; Board to approve","url":"\/22.1-214.3\/","token":"22.1\/13\/2\/22.1-214.3","metadata":false},"next_section":{"id":69592,"structure_id":15147,"section_number":"22.1-214.5","catch_line":"Special education family support centers","url":"\/22.1-214.5\/","token":"22.1\/13\/2\/22.1-214.5","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/22.1-214.4\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 1 time. 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. That modification is as follows: in 2024, chapters 468<\/a> and 502<\/a>.<\/p>","references":[{"id":74061,"section_number":"22.1-217.2","catch_line":"Special education transition planning and materials","order_by":null,"url":"\/22.1-217.2\/"},{"id":59210,"section_number":"22.1-253.13:5","catch_line":"(Effective July 1, 2026) Standard 5. Quality of classroom instruction and educational leadership","order_by":null,"url":"\/22.1-253.13_5\/"}],"refers_to":[{"id":69592,"section_number":"22.1-214.5","catch_line":"Special education family support centers","order_by":null,"url":"\/22.1-214.5\/"}],"permalink":{"id":181853,"object_type":"law","relational_id":81597,"identifier":"22.1-214.4","token":"22.1\/13\/2\/22.1-214.4","url":"\/22.1-214.4\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/22.1-214.4\/","token":"22.1\/13\/2\/22.1-214.4","dublin_core":{"Title":"Certain duties of Department","Type":"Text","Format":"text\/html","Identifier":"\u00a7 22.1-214.4","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The Department<\/span> shall:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Provide training and guidance documents to local school divisions on the development of individualized education programs (IEPs) for children with disabilities<\/span> that incorporate specific examples of high-quality present level of performance descriptions, annual goals, and postsecondary transition sections. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Develop a required training module for each individual who participates in an IEP meeting that comprehensively addresses and explains in detail (i) each IEP team member’s respective role in the IEP meeting, (ii) the IEP development process, and (iii) components of effective IEPs. The training module shall be required for all IEP participants, with the exception of parents<\/span><\/span>, prior to participating in an IEP meeting and at regular intervals thereafter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Annually conduct structured reviews of a sample of IEPs from a sufficiently large sample of local school divisions to verify that the IEPs are in compliance with state and federal laws<\/span> and regulations governing IEP content, and provide a summary report of the findings<\/span> of such reviews and recommendations regarding any necessary corrective actions to the reviewed divisions’ superintendents<\/span>, special education<\/span> directors, school board<\/span> chairs and vice-chairs, and local special education<\/span> advisory committees. In reviewing local school divisions’ IEPs, the Department<\/span> shall determine whether the special education<\/span> and related services<\/span>, supplementary aids and services, and program modifications that will be provided to enable students with disabilities to participate in nonacademic and extracurricular activities are sufficient, and include its findings<\/span> and corrective actions in the summary reports it provides to the reviewed local school divisions’ superintendents<\/span>, special education<\/span> directors, and school board<\/span> members. Nothing in this section shall be construed to (i) direct the Department<\/span> to make determinations regarding whether a particular IEP provides a free appropriate public education to any individual student or (ii) authorize the Department<\/span> to override a parent<\/span>’s consent to proposed revisions to an individual student’s IEP. In determining corrective actions, the Department<\/span> shall make recommendations to the relevant school division regarding, among other things, those individual IEPs for which the IEP team should convene to consider revisions necessary to incorporate content required by special education<\/span> regulations. For those individual IEPs for which the Department<\/span> recommends that the IEP team should convene to consider such revisions, the relevant school division shall notify the relevant parents<\/span><\/span> or caregivers of the recommendations issued in the summary report of the structured review conducted pursuant to this subdivision. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Develop and maintain a statewide plan for improving (i) its ongoing oversight of local practices related to transition planning and services for children with disabilities<\/span> and (ii) technical assistance and guidance provided for postsecondary transition planning and services for children with disabilities<\/span>. At a minimum, such plan shall articulate how the Department<\/span> will reliably and comprehensively assess the compliance and quality of transition plans for children with disabilities<\/span> on an ongoing basis and communicate findings<\/span> to local school division staff and local school boards<\/span>. The Department<\/span> shall, no later than December 1 of each year, update the Chairmen of the Senate Committee on Education and Health and the House Committee on Education on its progress in implementing such plan. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Develop and maintain a statewide strategic plan for recruiting and retaining special education<\/span> teachers. At a minimum, such plan shall (i) use data analyses to determine the specific staffing needs of each local school division on an ongoing basis; (ii) evaluate the potential effectiveness of strategies for addressing recruitment and retention challenges, including tuition assistance, differentiated pay for special education<\/span> teachers, and the expansion of special education<\/span> teacher mentorships; and (iii) estimate the costs of implementing each such strategy, including the extent to which federal funds could be used to support implementation. The Department<\/span> shall, no later than November 1 of each year, update the Chairmen of the Senate Committee on Education and Health and the House Committee on Education on its progress in implementing such plan. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> In order<\/span> to (i) address variation in rates of determinations of student eligibility for special education<\/span> and related services<\/span> both across local school divisions in the Commonwealth and based on specific student disabilities, (ii) promote consistency in such eligibility determinations, and (iii) ensure equal access to special education<\/span> and related services<\/span> across local school divisions, (a) review and update all forms and worksheets relating to referral, evaluation, reevaluation, and eligibility, including clarifying any ambiguity or vagueness in the standard for providing an initial evaluation or in eligibility criteria; (b) review and update guidance on the implementation of such referral, evaluation, reevaluation, and eligibility forms and worksheets and the legal obligations of local school boards<\/span> to conduct initial evaluations and make eligibility determinations for special education<\/span> and related services<\/span>; and (c) develop high-quality professional development to support the implementation of such referral, evaluation, reevaluation, and eligibility guidance, forms, and worksheets. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> (i) Develop criteria for what constitutes “exceptional circumstances” that warrant extension of the 60-calendar day regulatory timeline for complaint investigations and include the criteria in its publicly available complaint resolution procedures, (ii) consistently track the Department<\/span>’s receipt of each sufficient complaint and its issuance of the respective letter of findings<\/span>, and (iii) require staff to report at least quarterly to the Superintendent<\/span> on the specific reasons for granting an extension due to “exceptional circumstances” and the amount of time it took to complete each investigation beyond the 60-calendar day regulatory timeline. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Develop policies and procedures for considering and addressing credible allegations<\/span> of local education agency (LEA) noncompliance with the requirements of the Individuals with Disabilities Education Act (P.L. 101-476) that do not meet the current regulatory standard for state complaints. Such policies and procedures shall include expectations and mechanisms for collaboration between the Office of Dispute Resolution and Administrative Services and the Office of Special Education<\/span> Program Improvement in the Division of Special Education<\/span> and Student Services at the Department<\/span> to investigate and resolve such credible allegations<\/span> of noncompliance that do not qualify for state complaint investigations. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Elevate the position of State Parent<\/span> Ombudsman for Special Education<\/span>. The State Parent<\/span> Ombudsman for Special Education<\/span> shall (i) report to the Superintendent<\/span>; (ii) systematically track and report to the Department<\/span> questions and concerns raised by parents<\/span><\/span> to the State Parent<\/span> Ombudsman for Special Education<\/span> and special education<\/span> family support centers established pursuant to § 22.1-214.5<\/a>; (iii) coordinate with the Parent<\/span> Training and Information Center on the activities of the special education<\/span> family support centers established pursuant to § 22.1-214.5<\/a>; and (iv) develop a one-page comprehensive summary of the roles and responsibilities of the State Parent<\/span> Ombudsman for Special Education<\/span> and such special education<\/span> family support centers, the specific supports the State Parent<\/span> Ombudsman for Special Education<\/span> and such special education<\/span> family support centers can provide to parents<\/span><\/span>, and how to contact the State Parent<\/span> Ombudsman for Special Education<\/span> and such special education<\/span> family support centers. The Department<\/span> shall make the summary available in multiple languages on its website and as part of the Virginia IEP established pursuant to subdivision 11. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> Develop and implement a process for systematically auditing and verifying school divisions’ self-determinations of compliance with all Individuals with Disabilities Education Act (P.L. 101-476) performance indicators. The verification process shall include a random sample of school divisions each year and ensure that all school divisions’ self-determinations are reviewed and verified no less frequently than once every five years. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> (Effective July 1, 2027) Develop, establish, review and update as necessary at least once every five years, and make available to each local school board<\/span> an IEP writing, facilitation, tracking, and transfer system to be referred to as the Virginia IEP that includes, at a minimum, an IEP template component and a data system component. The Department<\/span> shall ensure that such data system component allows for secure transfer of data from division student information systems to the Department<\/span>. The Department<\/span> shall also develop and make available to each local school board<\/span> guidance on the utilization of the Virginia IEP and high-quality professional development to support (i) the effective utilization of the Virginia IEP and (ii) the implementation of instructional practices to support the provision of specially designed instruction<\/span> in inclusive settings. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

12.<\/span> Develop and publish a data dashboard for the annual public reporting, on a date to be determined by the Superintendent<\/span>, of state-level, division-level, and school-level special education<\/span> data, disaggregated by disability type and by subgroups of students with disabilities, including by race, ethnicity, economic disadvantage, English learner status, foster care status, and unhoused status, except when such disaggregation would result in the disclosure of any student’s personally identifiable information in violation of relevant federal and state law<\/span>. Such data dashboard shall include disaggregated (i) results on the early literacy screener provided by the Department<\/span>, the Virginia Kindergarten Readiness Program, and Standards of Learning assessments and (ii) college and career readiness and learning climate measures. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCERTAIN DUTIES OF DEPARTMENT (\u00a7 22.1-214.4)\n\nThe Department shall:\n\n1. Provide training and guidance documents to local school divisions on the\ndevelopment of individualized education programs (IEPs) for children with\ndisabilities that incorporate specific examples of high-quality present level of\nperformance descriptions, annual goals, and postsecondary transition sections.\n\n2. Develop a required training module for each individual who participates in an\nIEP meeting that comprehensively addresses and explains in detail (i) each IEP\nteam member’s respective role in the IEP meeting, (ii) the IEP development\nprocess, and (iii) components of effective IEPs. The training module shall be\nrequired for all IEP participants, with the exception of parents, prior to\nparticipating in an IEP meeting and at regular intervals thereafter.\n\n3. Annually conduct structured reviews of a sample of IEPs from a sufficiently\nlarge sample of local school divisions to verify that the IEPs are in compliance\nwith state and federal laws and regulations governing IEP content, and provide a\nsummary report of the findings of such reviews and recommendations regarding any\nnecessary corrective actions to the reviewed divisions’ superintendents,\nspecial education directors, school board chairs and vice-chairs, and local\nspecial education advisory committees. In reviewing local school\ndivisions’ IEPs, the Department shall determine whether the special\neducation and related services, supplementary aids and services, and program\nmodifications that will be provided to enable students with disabilities to\nparticipate in nonacademic and extracurricular activities are sufficient, and\ninclude its findings and corrective actions in the summary reports it provides\nto the reviewed local school divisions’ superintendents, special education\ndirectors, and school board members. Nothing in this section shall be construed\nto (i) direct the Department to make determinations regarding whether a\nparticular IEP provides a free appropriate public education to any individual\nstudent or (ii) authorize the Department to override a parent’s consent to\nproposed revisions to an individual student’s IEP. In determining\ncorrective actions, the Department shall make recommendations to the relevant\nschool division regarding, among other things, those individual IEPs for which\nthe IEP team should convene to consider revisions necessary to incorporate\ncontent required by special education regulations. For those individual IEPs for\nwhich the Department recommends that the IEP team should convene to consider\nsuch revisions, the relevant school division shall notify the relevant parents\nor caregivers of the recommendations issued in the summary report of the\nstructured review conducted pursuant to this subdivision.\n\n4. Develop and maintain a statewide plan for improving (i) its ongoing oversight\nof local practices related to transition planning and services for children with\ndisabilities and (ii) technical assistance and guidance provided for\npostsecondary transition planning and services for children with disabilities.\nAt a minimum, such plan shall articulate how the Department will reliably and\ncomprehensively assess the compliance and quality of transition plans for\nchildren with disabilities on an ongoing basis and communicate findings to local\nschool division staff and local school boards. The Department shall, no later\nthan December 1 of each year, update the Chairmen of the Senate Committee on\nEducation and Health and the House Committee on Education on its progress in\nimplementing such plan.\n\n5. Develop and maintain a statewide strategic plan for recruiting and retaining\nspecial education teachers. At a minimum, such plan shall (i) use data analyses\nto determine the specific staffing needs of each local school division on an\nongoing basis; (ii) evaluate the potential effectiveness of strategies for\naddressing recruitment and retention challenges, including tuition assistance,\ndifferentiated pay for special education teachers, and the expansion of special\neducation teacher mentorships; and (iii) estimate the costs of implementing each\nsuch strategy, including the extent to which federal funds could be used to\nsupport implementation. The Department shall, no later than November 1 of each\nyear, update the Chairmen of the Senate Committee on Education and Health and\nthe House Committee on Education on its progress in implementing such plan.\n\n6. In order to (i) address variation in rates of determinations of student\neligibility for special education and related services both across local school\ndivisions in the Commonwealth and based on specific student disabilities, (ii)\npromote consistency in such eligibility determinations, and (iii) ensure equal\naccess to special education and related services across local school divisions,\n(a) review and update all forms and worksheets relating to referral, evaluation,\nreevaluation, and eligibility, including clarifying any ambiguity or vagueness\nin the standard for providing an initial evaluation or in eligibility criteria;\n(b) review and update guidance on the implementation of such referral,\nevaluation, reevaluation, and eligibility forms and worksheets and the legal\nobligations of local school boards to conduct initial evaluations and make\neligibility determinations for special education and related services; and (c)\ndevelop high-quality professional development to support the implementation of\nsuch referral, evaluation, reevaluation, and eligibility guidance, forms, and\nworksheets.\n\n7. (i) Develop criteria for what constitutes “exceptional\ncircumstances” that warrant extension of the 60-calendar day regulatory\ntimeline for complaint investigations and include the criteria in its publicly\navailable complaint resolution procedures, (ii) consistently track the\nDepartment’s receipt of each sufficient complaint and its issuance of the\nrespective letter of findings, and (iii) require staff to report at least\nquarterly to the Superintendent on the specific reasons for granting an\nextension due to “exceptional circumstances” and the amount of time\nit took to complete each investigation beyond the 60-calendar day regulatory\ntimeline.\n\n8. Develop policies and procedures for considering and addressing credible\nallegations of local education agency (LEA) noncompliance with the requirements\nof the Individuals with Disabilities Education Act (P.L. 101-476) that do not\nmeet the current regulatory standard for state complaints. Such policies and\nprocedures shall include expectations and mechanisms for collaboration between\nthe Office of Dispute Resolution and Administrative Services and the Office of\nSpecial Education Program Improvement in the Division of Special Education and\nStudent Services at the Department to investigate and resolve such credible\nallegations of noncompliance that do not qualify for state complaint\ninvestigations.\n\n9. Elevate the position of State Parent Ombudsman for Special Education. The\nState Parent Ombudsman for Special Education shall (i) report to the\nSuperintendent; (ii) systematically track and report to the Department questions\nand concerns raised by parents to the State Parent Ombudsman for Special\nEducation and special education family support centers established pursuant to\n§ 22.1-214.5; (iii) coordinate with the Parent Training and Information\nCenter on the activities of the special education family support centers\nestablished pursuant to § 22.1-214.5; and (iv) develop a one-page\ncomprehensive summary of the roles and responsibilities of the State Parent\nOmbudsman for Special Education and such special education family support\ncenters, the specific supports the State Parent Ombudsman for Special Education\nand such special education family support centers can provide to parents, and\nhow to contact the State Parent Ombudsman for Special Education and such special\neducation family support centers. The Department shall make the summary\navailable in multiple languages on its website and as part of the Virginia IEP\nestablished pursuant to subdivision 11.\n\n10. Develop and implement a process for systematically auditing and verifying\nschool divisions’ self-determinations of compliance with all Individuals\nwith Disabilities Education Act (P.L. 101-476) performance indicators. The\nverification process shall include a random sample of school divisions each year\nand ensure that all school divisions’ self-determinations are reviewed and\nverified no less frequently than once every five years.\n\n11. (Effective July 1, 2027) Develop, establish, review and update as necessary\nat least once every five years, and make available to each local school board an\nIEP writing, facilitation, tracking, and transfer system to be referred to as\nthe Virginia IEP that includes, at a minimum, an IEP template component and a\ndata system component. The Department shall ensure that such data system\ncomponent allows for secure transfer of data from division student information\nsystems to the Department. The Department shall also develop and make available\nto each local school board guidance on the utilization of the Virginia IEP and\nhigh-quality professional development to support (i) the effective utilization\nof the Virginia IEP and (ii) the implementation of instructional practices to\nsupport the provision of specially designed instruction in inclusive settings.\n\n12. Develop and publish a data dashboard for the annual public reporting, on a\ndate to be determined by the Superintendent, of state-level, division-level, and\nschool-level special education data, disaggregated by disability type and by\nsubgroups of students with disabilities, including by race, ethnicity, economic\ndisadvantage, English learner status, foster care status, and unhoused status,\nexcept when such disaggregation would result in the disclosure of any\nstudent’s personally identifiable information in violation of relevant\nfederal and state law. Such data dashboard shall include disaggregated (i)\nresults on the early literacy screener provided by the Department, the Virginia\nKindergarten Readiness Program, and Standards of Learning assessments and (ii)\ncollege and career readiness and learning climate measures.\n\nHISTORY: 2021, Sp. Sess. I, cc. 173, 451, 452; 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}}