{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/22.1-214.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/22.1-214.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/22.1-214.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/22.1-214.html"}],"law_id":82042,"edition_id":1,"section_id":82042,"structure_id":15147,"section_number":"22.1-214","catch_line":"Board to prepare special education program for children with disabilities","history":"Code 1950, \u00a7 22-10.4; 1974, c. 480; 1978, c. 386; 1980, cc. 559, 561; 1981, c. 7; 1982, c. 21; 1985, c. 207; 1990, c. 205; 1991, c. 518; 1994, c. 854; 1997, c. 54; 2007, cc. 33, 52; 2009, c. 468; 2010, c. 447; 2019, c. 288; 2021, Sp. Sess. I, cc. 451, 452.","full_text":"A\n\nThe Board of Education shall prepare and supervise the implementation by each school division of a program of special education designed to educate and train children with disabilities between the ages defined in § 22.1-213 and may prepare and place in operation such program for such individuals of other ages. The program developed by the Board of Education shall be designed to ensure that all children with disabilities have available to them a free and appropriate education, including specially designed instruction to meet the unique needs of such children. The program shall require (i) that the hearing of each disabled child be tested prior to placement in a special education program and (ii) that a complete audiological assessment, including tests that will assess inner and middle ear functioning, be performed on each child who is deaf or hard of hearing or who fails the test required in clause (i). The school boards of the several school divisions, the Department for the Blind and Vision Impaired, the Department for the Deaf and Hard-of-Hearing, the Department of Health, and other state and local agencies that can or may be able to assist in providing educational and related services shall assist and cooperate with the Board of Education in the development of such program.B\n\nThe Board of Education shall prescribe procedures to afford due process to children with disabilities and their parents or guardians and to school divisions in resolving disputes as to program placements, individualized education programs, tuition eligibility and other matters as defined in state or federal statutes or regulations. These procedures shall encourage the use of mediation as an informal means of resolving such disputes. Mediation shall not, however, be used to deny or delay the due process rights of parents or guardians. The procedures shall require that all testimony be given under oath or affirmation administered by the hearing officer.C\n\nThe Board of Education may provide for final decisions to be made by a hearing officer. The parents and the school division shall have the right to be represented by legal counsel or other representative before such hearing officer without being in violation of the provisions of § 54.1-3904.D\n\nAny party aggrieved by the findings and decision made pursuant to the procedures prescribed pursuant to subsections B and C may, within 180 days of such findings and decision, bring a civil action in the circuit court for the jurisdiction in which the school division is located. In any such action, the court shall receive the records of the administrative proceedings, shall hear additional evidence at the request of a party, and basing its decision on the preponderance of the evidence, shall grant such relief as the court determines appropriate.D1\n\nIn any action brought pursuant to subsection D, the court, in its discretion, may award reasonable attorney fees as part of the costs (i) to a prevailing party who is the parent of a child with a disability; (ii) to a prevailing party who is the Board of Education or a local school division against the attorney of a parent who files a complaint or a subsequent cause of action that is frivolous, unreasonable, or without foundation, or against the attorney of a parent who continued to litigate after the litigation clearly became frivolous, unreasonable, or without foundation; or (iii) to a prevailing party who is the Board of Education or a local school division against the attorney of a parent, or against the parent, if the parent’s complaint or subsequent cause of action was presented for any improper purpose, such as to harass, to cause unnecessary delay, or to needlessly increase the cause of litigation.\n\t\t\tAttorney fees may not be awarded relating to any meeting of the individualized education program (IEP) team unless such meeting is convened as a result of an administrative proceeding or judicial action, or, at the discretion of the State, for a mediation described in subsection B.E\n\nWhenever the Board of Education, in its discretion, determines that a school division fails to establish and maintain programs of free and appropriate public education that comply with regulations established by the Board, the Board may withhold all special education moneys from the school division and may use the payments that would have been available to such school division to provide special education, directly or by contract, to eligible children with disabilities in such manner as the Board considers appropriate.F\n\nThe Board of Education shall supervise educational programs for children with disabilities by other public agencies and shall ensure that the identification, evaluation, and placement of children with disabilities and youth in education programs by other public agencies, as appropriate, are consistent with the provisions of the Board of Education’s special education regulations.G\n\nThe Board of Education shall prescribe regulations to provide a range of assessment procedures for the evaluation of children with disabilities. These regulations shall include provision for parents to participate, if they so request, in the consideration of the assessment components to be used. However, such regulations shall not require any local school board to exceed the requirements of federal law or regulations for the identification and evaluation of children with disabilities.","order_by":null,"text":{"0":{"id":293981,"text":"The Board of Education shall prepare and supervise the implementation by each school division of a program of special education designed to educate and train children with disabilities between the ages defined in § 22.1-213 and may prepare and place in operation such program for such individuals of other ages. The program developed by the Board of Education shall be designed to ensure that all children with disabilities have available to them a free and appropriate education, including specially designed instruction to meet the unique needs of such children. The program shall require (i) that the hearing of each disabled child be tested prior to placement in a special education program and (ii) that a complete audiological assessment, including tests that will assess inner and middle ear functioning, be performed on each child who is deaf or hard of hearing or who fails the test required in clause (i). The school boards of the several school divisions, the Department for the Blind and Vision Impaired, the Department for the Deaf and Hard-of-Hearing, the Department of Health, and other state and local agencies that can or may be able to assist in providing educational and related services shall assist and cooperate with the Board of Education in the development of such program.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":293982,"text":"The Board of Education shall prescribe procedures to afford due process to children with disabilities and their parents or guardians and to school divisions in resolving disputes as to program placements, individualized education programs, tuition eligibility and other matters as defined in state or federal statutes or regulations. These procedures shall encourage the use of mediation as an informal means of resolving such disputes. Mediation shall not, however, be used to deny or delay the due process rights of parents or guardians. The procedures shall require that all testimony be given under oath or affirmation administered by the hearing officer.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":293983,"text":"The Board of Education may provide for final decisions to be made by a hearing officer. The parents and the school division shall have the right to be represented by legal counsel or other representative before such hearing officer without being in violation of the provisions of § 54.1-3904.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":293984,"text":"Any party aggrieved by the findings and decision made pursuant to the procedures prescribed pursuant to subsections B and C may, within 180 days of such findings and decision, bring a civil action in the circuit court for the jurisdiction in which the school division is located. In any such action, the court shall receive the records of the administrative proceedings, shall hear additional evidence at the request of a party, and basing its decision on the preponderance of the evidence, shall grant such relief as the court determines appropriate.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"D1"},"4":{"id":293985,"text":"In any action brought pursuant to subsection D, the court, in its discretion, may award reasonable attorney fees as part of the costs (i) to a prevailing party who is the parent of a child with a disability; (ii) to a prevailing party who is the Board of Education or a local school division against the attorney of a parent who files a complaint or a subsequent cause of action that is frivolous, unreasonable, or without foundation, or against the attorney of a parent who continued to litigate after the litigation clearly became frivolous, unreasonable, or without foundation; or (iii) to a prevailing party who is the Board of Education or a local school division against the attorney of a parent, or against the parent, if the parent’s complaint or subsequent cause of action was presented for any improper purpose, such as to harass, to cause unnecessary delay, or to needlessly increase the cause of litigation.\n\t\t\tAttorney fees may not be awarded relating to any meeting of the individualized education program (IEP) team unless such meeting is convened as a result of an administrative proceeding or judicial action, or, at the discretion of the State, for a mediation described in subsection B.","type":"section","prefixes":["D1"],"prefix":"D1","entire_prefix":"D1","prefix_anchor":"D1","level":1,"prior_prefix":"D","next_prefix":"E"},"5":{"id":293986,"text":"Whenever the Board of Education, in its discretion, determines that a school division fails to establish and maintain programs of free and appropriate public education that comply with regulations established by the Board, the Board may withhold all special education moneys from the school division and may use the payments that would have been available to such school division to provide special education, directly or by contract, to eligible children with disabilities in such manner as the Board considers appropriate.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D1","next_prefix":"F"},"6":{"id":293987,"text":"The Board of Education shall supervise educational programs for children with disabilities by other public agencies and shall ensure that the identification, evaluation, and placement of children with disabilities and youth in education programs by other public agencies, as appropriate, are consistent with the provisions of the Board of Education’s special education regulations.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"7":{"id":293988,"text":"The Board of Education shall prescribe regulations to provide a range of assessment procedures for the evaluation of children with disabilities. These regulations shall include provision for parents to participate, if they so request, in the consideration of the assessment components to be used. However, such regulations shall not require any local school board to exceed the requirements of federal law or regulations for the identification and evaluation of children with disabilities.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/22.1-214\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 14 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, chapters 559 and 561; in 1981, chapter 7; in 1982, chapter 21; in 1985, chapter 207; in 1990, chapter 205; in 1991, chapter 518; in 1994, chapter 854<\/a>; in 1997, chapter 54<\/a>; in 2007, chapters 33<\/a> and 52<\/a>; in 2009, chapter 468<\/a>; in 2010, chapter 447<\/a>; in 2019, chapter 288<\/a>.<\/p>","references":[{"id":84589,"section_number":"22.1-214.1","catch_line":"Issuance of subpoenas by hearing officers","order_by":null,"url":"\/22.1-214.1\/"},{"id":76983,"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","order_by":null,"url":"\/22.1-214.2\/"},{"id":72379,"section_number":"63.2-100","catch_line":"Definitions","order_by":null,"url":"\/63.2-100\/"}],"refers_to":[{"id":86043,"section_number":"22.1-213","catch_line":"Definitions","order_by":null,"url":"\/22.1-213\/"}],"permalink":{"id":181837,"object_type":"law","relational_id":82042,"identifier":"22.1-214","token":"22.1\/13\/2\/22.1-214","url":"\/22.1-214\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/22.1-214\/","token":"22.1\/13\/2\/22.1-214","dublin_core":{"Title":"Board to prepare special education program for children with disabilities","Type":"Text","Format":"text\/html","Identifier":"\u00a7 22.1-214","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Board<\/span> of Education shall prepare and supervise the implementation by each school division of a program of special education<\/span> designed to educate and train children with disabilities<\/span> between the ages defined in § 22.1-213<\/a> and may prepare and place in operation such program for such individuals of other ages. The program developed by the Board<\/span> of Education shall be designed to ensure that all children with disabilities<\/span> have available to them a free and appropriate education, including specially designed instruction<\/span> to meet the unique needs of such children. The program shall require (i) that the hearing<\/span> of each disabled child be tested prior to placement in a special education<\/span> program and (ii) that a complete audiological assessment, including tests that will assess inner and middle ear functioning, be performed on each child who is deaf or hard of hearing<\/span> or who fails the test required in clause (i). The school boards<\/span> of the several school divisions, the Department<\/span> for the Blind and Vision Impaired, the Department<\/span> for the Deaf and Hard-of-Hearing<\/span>, the Department<\/span> of Health, and other state and local agencies that can or may be able to assist in providing educational and related services<\/span> shall assist and cooperate with the Board<\/span> of Education in the development of such program. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Board<\/span> of Education shall prescribe procedures to afford due process<\/span> to children with disabilities<\/span> and their parents<\/span><\/span> or guardians and to school divisions in resolving disputes as to program placements, individualized education programs, tuition eligibility and other matters as defined in state or federal statutes<\/span> or regulations. These procedures shall encourage the use of mediation as an informal means of resolving such disputes. Mediation shall not, however, be used to deny or delay the due process<\/span> rights of parents<\/span><\/span> or guardians. The procedures shall require that all testimony<\/span> be given under oath<\/span> or affirmation administered by the hearing<\/span> officer. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Board<\/span> of Education may provide for final decisions to be made by a hearing<\/span> officer. The parents<\/span><\/span> and the school division shall have the right to be represented by legal counsel<\/span> or other representative before such hearing<\/span> officer without being in violation of the provisions of § 54.1-3904<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Any party<\/span> aggrieved by the findings<\/span> and decision made pursuant to the procedures prescribed pursuant to subsections B and C may, within 180 days of such findings<\/span> and decision, bring a civil action<\/span> in the circuit<\/span> court<\/span> for the jurisdiction<\/span> in which the school division is located. In any such action, the court<\/span> shall receive the records of the administrative proceedings, shall hear additional evidence at the request of a party<\/span>, and basing its decision on the preponderance of the evidence<\/span>, shall grant such relief as the court<\/span> determines appropriate. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D1.<\/span> In any action brought pursuant to subsection D, the court<\/span>, in its discretion, may award reasonable attorney fees as part of the costs (i) to a prevailing party<\/span> who is the parent<\/span> of a child with a disability; (ii) to a prevailing party<\/span> who is the Board<\/span> of Education or a local school division against the attorney of a parent<\/span> who files a complaint or a subsequent cause of action<\/span> that is frivolous, unreasonable, or without foundation, or against the attorney of a parent<\/span> who continued to litigate after the litigation<\/span> clearly became frivolous, unreasonable, or without foundation; or (iii) to a prevailing party<\/span> who is the Board<\/span> of Education or a local school division against the attorney of a parent<\/span>, or against the parent<\/span>, if the parent<\/span>’s complaint or subsequent cause of action<\/span> was presented for any improper purpose, such as to harass, to cause unnecessary delay, or to needlessly increase the cause of litigation<\/span>.\n\t\t\tAttorney fees may not be awarded relating to any meeting of the individualized education program (IEP) team unless such meeting is convened as a result of an administrative proceeding or judicial action, or, at the discretion of the State, for a mediation described in subsection B. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Whenever the Board<\/span> of Education, in its discretion, determines that a school division fails to establish and maintain programs of free and appropriate public education that comply with regulations established by the Board<\/span>, the Board<\/span> may withhold all special education<\/span> moneys from the school division and may use the payments that would have been available to such school division to provide special education<\/span>, directly or by contract<\/span>, to eligible children with disabilities<\/span> in such manner as the Board<\/span> considers appropriate. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The Board<\/span> of Education shall supervise educational programs for children with disabilities<\/span> by other public agencies and shall ensure that the identification, evaluation, and placement of children with disabilities<\/span> and youth in education programs by other public agencies, as appropriate, are consistent with the provisions of the Board<\/span> of Education’s special education<\/span> regulations. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> The Board of Education shall prescribe regulations to provide a range of assessment procedures for the evaluation of children with disabilities<\/span>. These regulations shall include provision for parents<\/span><\/span> to participate, if they so request, in the consideration of the assessment components to be used. However, such regulations shall not require any local school board<\/span> to exceed the requirements of federal law<\/span> or regulations for the identification and evaluation of children with disabilities<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nBOARD TO PREPARE SPECIAL EDUCATION PROGRAM FOR CHILDREN WITH DISABILITIES (\u00a7\n22.1-214)\n\nA. The Board of Education shall prepare and supervise the implementation by each\nschool division of a program of special education designed to educate and train\nchildren with disabilities between the ages defined in § 22.1-213 and may\nprepare and place in operation such program for such individuals of other ages.\nThe program developed by the Board of Education shall be designed to ensure that\nall children with disabilities have available to them a free and appropriate\neducation, including specially designed instruction to meet the unique needs of\nsuch children. The program shall require (i) that the hearing of each disabled\nchild be tested prior to placement in a special education program and (ii) that\na complete audiological assessment, including tests that will assess inner and\nmiddle ear functioning, be performed on each child who is deaf or hard of\nhearing or who fails the test required in clause (i). The school boards of the\nseveral school divisions, the Department for the Blind and Vision Impaired, the\nDepartment for the Deaf and Hard-of-Hearing, the Department of Health, and other\nstate and local agencies that can or may be able to assist in providing\neducational and related services shall assist and cooperate with the Board of\nEducation in the development of such program.\n\nB. The Board of Education shall prescribe procedures to afford due process to\nchildren with disabilities and their parents or guardians and to school\ndivisions in resolving disputes as to program placements, individualized\neducation programs, tuition eligibility and other matters as defined in state or\nfederal statutes or regulations. These procedures shall encourage the use of\nmediation as an informal means of resolving such disputes. Mediation shall not,\nhowever, be used to deny or delay the due process rights of parents or\nguardians. The procedures shall require that all testimony be given under oath\nor affirmation administered by the hearing officer.\n\nC. The Board of Education may provide for final decisions to be made by a\nhearing officer. The parents and the school division shall have the right to be\nrepresented by legal counsel or other representative before such hearing officer\nwithout being in violation of the provisions of § 54.1-3904.\n\nD. Any party aggrieved by the findings and decision made pursuant to the\nprocedures prescribed pursuant to subsections B and C may, within 180 days of\nsuch findings and decision, bring a civil action in the circuit court for the\njurisdiction in which the school division is located. In any such action, the\ncourt shall receive the records of the administrative proceedings, shall hear\nadditional evidence at the request of a party, and basing its decision on the\npreponderance of the evidence, shall grant such relief as the court determines\nappropriate.\n\nD1. In any action brought pursuant to subsection D, the court, in its\ndiscretion, may award reasonable attorney fees as part of the costs (i) to a\nprevailing party who is the parent of a child with a disability; (ii) to a\nprevailing party who is the Board of Education or a local school division\nagainst the attorney of a parent who files a complaint or a subsequent cause of\naction that is frivolous, unreasonable, or without foundation, or against the\nattorney of a parent who continued to litigate after the litigation clearly\nbecame frivolous, unreasonable, or without foundation; or (iii) to a prevailing\nparty who is the Board of Education or a local school division against the\nattorney of a parent, or against the parent, if the parent’s complaint or\nsubsequent cause of action was presented for any improper purpose, such as to\nharass, to cause unnecessary delay, or to needlessly increase the cause of\nlitigation.\n\t\t\tAttorney fees may not be awarded relating to any meeting of the\nindividualized education program (IEP) team unless such meeting is convened as a\nresult of an administrative proceeding or judicial action, or, at the discretion\nof the State, for a mediation described in subsection B.\n\nE. Whenever the Board of Education, in its discretion, determines that a school\ndivision fails to establish and maintain programs of free and appropriate public\neducation that comply with regulations established by the Board, the Board may\nwithhold all special education moneys from the school division and may use the\npayments that would have been available to such school division to provide\nspecial education, directly or by contract, to eligible children with\ndisabilities in such manner as the Board considers appropriate.\n\nF. The Board of Education shall supervise educational programs for children with\ndisabilities by other public agencies and shall ensure that the identification,\nevaluation, and placement of children with disabilities and youth in education\nprograms by other public agencies, as appropriate, are consistent with the\nprovisions of the Board of Education’s special education regulations.\n\nG. The Board of Education shall prescribe regulations to provide a range of\nassessment procedures for the evaluation of children with disabilities. These\nregulations shall include provision for parents to participate, if they so\nrequest, in the consideration of the assessment components to be used. However,\nsuch regulations shall not require any local school board to exceed the\nrequirements of federal law or regulations for the identification and evaluation\nof children with disabilities.\n\nHISTORY: Code 1950, \u00a7 22-10.4; 1974, c. 480; 1978, c. 386; 1980, cc. 559, 561;\n1981, c. 7; 1982, c. 21; 1985, c. 207; 1990, c. 205; 1991, c. 518; 1994, c. 854;\n1997, c. 54; 2007, cc. 33, 52; 2009, c. 468; 2010, c. 447; 2019, c. 288; 2021,\nSp. Sess. I, cc. 451, 452.","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}}