{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/22.1-215.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/22.1-215.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/22.1-215.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/22.1-215.html"}],"law_id":64302,"edition_id":1,"section_id":64302,"structure_id":15147,"section_number":"22.1-215","catch_line":"School divisions to provide special education; plan to be submitted to Board","history":"Code 1950, \u00a7 22-10.5; 1974, c. 480; 1978, c. 386; 1980, c. 559; 1985, c. 158; 1988, c. 101; 1994, c. 854; 1996, cc. 583, 594; 2009, cc. 813, 840; 2012, cc. 476, 507; 2014, c. 433; 2021, Sp. Sess. I, cc. 451, 452.","full_text":"Each school division shall provide free and appropriate education, including special education, for (i) the children with disabilities residing within its jurisdiction and (ii) the children with disabilities who do not reside within its jurisdiction but reside in the Commonwealth and are enrolled in a full-time virtual school program provided by the school division, in accordance with regulations of the Board of Education. A school division that is required to provide a free and appropriate education, including special education, for a nonresident student who is enrolled in its full-time virtual school program pursuant to this section shall be entitled to any federal and state funds applicable to the education of such student. In the case of a student who is a resident of the Commonwealth but does not reside in the school division in which he is enrolled in a full-time virtual school program, the school division in which the student resides shall be released from the obligation to provide a free and appropriate education, including special education, for such student.\n\t\tFor the purposes of this section, “children with disabilities, residing within its jurisdiction” shall include: (a) those individuals of school age identified as appropriate to be placed in public school programs who are residing in a state facility operated by the Department of Behavioral Health and Developmental Services located within the school division, or (b) those individuals of school age who are Virginia residents and are placed and living in a foster care home or child-caring institution or group home located within the school division and licensed under the provisions of Chapter 17 (\u00a7 63.2-1700 et seq.) of Title 63.2 as a result of being in the custody of a local department of social services or welfare or being privately placed, not solely for school purposes.\n\t\tThe Board of Education shall promulgate regulations to identify those children placed within facilities operated by the Department of Behavioral Health and Developmental Services who are eligible to be appropriately placed in public school programs.\n\t\tThe cost of the education provided to children residing in state facilities who are appropriate to place within the public schools shall remain the responsibility of the Department of Behavioral Health and Developmental Services. The cost of the education provided to children who are not residents of the Commonwealth and are placed and living in a foster care home or child-caring institution or group home located within the school division and licensed under the provisions of Chapter 17 (\u00a7 63.2-1700 et seq.) of Title 63.2 shall be billed to the sending agency or person by the school division as provided in subsection C of \u00a7 22.1-5. No school division shall refuse to educate any such child or charge tuition to any such child.\n\t\tEach school division shall submit to the Board of Education in accordance with the schedule and by the date specified by the Board, a plan acceptable to the Board for such education for the period following and a report indicating the extent to which the plan required by law for the preceding period has been implemented. However, the schedule specified by the Board shall not require plans to be submitted more often than annually unless changes to the plan are required by federal or state law or regulation.\n\t\tEach local school division shall complete a self-assessment and action planning instrument addressing inclusion practices, as developed by the Department, once every three years and report the results of the assessment and plans for improvement to the Department, the division’s superintendent, the division’s special education director, and the chairs of the local school board and local special education advisory committee.","order_by":null,"text":{"0":{"id":234032,"text":"Each school division shall provide free and appropriate education, including special education, for (i) the children with disabilities residing within its jurisdiction and (ii) the children with disabilities who do not reside within its jurisdiction but reside in the Commonwealth and are enrolled in a full-time virtual school program provided by the school division, in accordance with regulations of the Board of Education. A school division that is required to provide a free and appropriate education, including special education, for a nonresident student who is enrolled in its full-time virtual school program pursuant to this section shall be entitled to any federal and state funds applicable to the education of such student. In the case of a student who is a resident of the Commonwealth but does not reside in the school division in which he is enrolled in a full-time virtual school program, the school division in which the student resides shall be released from the obligation to provide a free and appropriate education, including special education, for such student.\n\t\tFor the purposes of this section, “children with disabilities, residing within its jurisdiction” shall include: (a) those individuals of school age identified as appropriate to be placed in public school programs who are residing in a state facility operated by the Department of Behavioral Health and Developmental Services located within the school division, or (b) those individuals of school age who are Virginia residents and are placed and living in a foster care home or child-caring institution or group home located within the school division and licensed under the provisions of Chapter 17 (\u00a7 63.2-1700 et seq.) of Title 63.2 as a result of being in the custody of a local department of social services or welfare or being privately placed, not solely for school purposes.\n\t\tThe Board of Education shall promulgate regulations to identify those children placed within facilities operated by the Department of Behavioral Health and Developmental Services who are eligible to be appropriately placed in public school programs.\n\t\tThe cost of the education provided to children residing in state facilities who are appropriate to place within the public schools shall remain the responsibility of the Department of Behavioral Health and Developmental Services. The cost of the education provided to children who are not residents of the Commonwealth and are placed and living in a foster care home or child-caring institution or group home located within the school division and licensed under the provisions of Chapter 17 (\u00a7 63.2-1700 et seq.) of Title 63.2 shall be billed to the sending agency or person by the school division as provided in subsection C of \u00a7 22.1-5. No school division shall refuse to educate any such child or charge tuition to any such child.\n\t\tEach school division shall submit to the Board of Education in accordance with the schedule and by the date specified by the Board, a plan acceptable to the Board for such education for the period following and a report indicating the extent to which the plan required by law for the preceding period has been implemented. However, the schedule specified by the Board shall not require plans to be submitted more often than annually unless changes to the plan are required by federal or state law or regulation.\n\t\tEach local school division shall complete a self-assessment and action planning instrument addressing inclusion practices, as developed by the Department, once every three years and report the results of the assessment and plans for improvement to the Department, the division’s superintendent, the division’s special education director, and the chairs of the local school board and local special education advisory committee.","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; 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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/22.1-215\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 10 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 1985, chapter 158; in 1988, chapter 101; in 1994, chapter 854<\/a>; in 1996, chapters 583<\/a> and 594<\/a>; in 2009, chapters 813<\/a> and 840<\/a>; in 2012, chapters 476<\/a> and 507<\/a>; in 2014, chapter 433<\/a>.<\/p>","references":[{"id":55669,"section_number":"51.5-42","catch_line":"Discrimination against otherwise qualified persons with disabilities by educational institutions prohibited","order_by":null,"url":"\/51.5-42\/"}],"refers_to":[{"id":54182,"section_number":"22.1-5","catch_line":"Regulations concerning admission of certain persons to schools; tuition charges","order_by":null,"url":"\/22.1-5\/"},{"id":78121,"section_number":"63.2-1700","catch_line":"Application fees; regulations and schedules; use of fees; certain facilities, centers, and agencies exempt","order_by":null,"url":"\/63.2-1700\/"}],"permalink":{"id":181861,"object_type":"law","relational_id":64302,"identifier":"22.1-215","token":"22.1\/13\/2\/22.1-215","url":"\/22.1-215\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/22.1-215\/","token":"22.1\/13\/2\/22.1-215","dublin_core":{"Title":"School divisions to provide special education; plan to be submitted to Board","Type":"Text","Format":"text\/html","Identifier":"\u00a7 22.1-215","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Each school division shall provide free and appropriate education, including special education<\/span>, for (i) the children with disabilities<\/span> residing within its jurisdiction<\/span> and (ii) the children with disabilities<\/span> who do not reside within its jurisdiction<\/span> but reside in the Commonwealth and are enrolled in a full-time virtual school program provided by the school division, in accordance with regulations of the Board of Education. A school division that is required to provide a free and appropriate education, including special education<\/span>, for a nonresident student who is enrolled in its full-time virtual school program pursuant to this section shall be entitled to any federal and state funds applicable to the education of such student. In the case of a student who is a resident of the Commonwealth but does not reside in the school division in which he is enrolled in a full-time virtual school program, the school division in which the student resides shall be released from the obligation to provide a free and appropriate education, including special education<\/span>, for such student.\n\t\tFor the purposes of this section, “children with disabilities<\/span>, residing within its jurisdiction<\/span>” shall include: (a) those individuals of school age identified as appropriate to be placed in public school programs who are residing in a state facility operated by the Department<\/span> of Behavioral Health and Developmental Services located within the school division, or (b) those individuals of school age who are Virginia residents and are placed and living in a foster care home or child-caring institution or group home located within the school division and licensed under the provisions of Chapter 17 (\u00a7 63.2-1700<\/a> et seq.) of Title 63.2 as a result of being in the custody<\/span> of a local department<\/span> of social services or welfare or being privately placed, not solely for school purposes.\n\t\tThe Board of Education shall promulgate regulations to identify those children placed within facilities operated by the Department<\/span> of Behavioral Health and Developmental Services who are eligible to be appropriately placed in public school programs.\n\t\tThe cost of the education provided to children residing in state facilities who are appropriate to place within the public schools shall remain the responsibility of the Department<\/span> of Behavioral Health and Developmental Services. The cost of the education provided to children who are not residents of the Commonwealth and are placed and living in a foster care home or child-caring institution or group home located within the school division and licensed under the provisions of Chapter 17 (\u00a7 63.2-1700<\/a> et seq.) of Title 63.2 shall be billed to the sending agency or person by the school division as provided in subsection C of \u00a7 22.1-5<\/a>. No school division shall refuse to educate any such child or charge tuition to any such child.\n\t\tEach school division shall submit to the Board of Education in accordance with the schedule and by the date specified by the Board, a plan acceptable to the Board for such education for the period following and a report indicating the extent to which the plan required by law<\/span> for the preceding period has been implemented. However, the schedule specified by the Board shall not require plans to be submitted more often than annually unless changes to the plan are required by federal or state law<\/span> or regulation.\n\t\tEach local school division shall complete a self-assessment and action planning instrument addressing inclusion practices, as developed by the Department<\/span>, once every three years and report the results of the assessment and plans for improvement to the Department<\/span>, the division’s superintendent<\/span>, the division’s special education<\/span> director, and the chairs of the local school board<\/span> and local special education<\/span> advisory committee.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSCHOOL DIVISIONS TO PROVIDE SPECIAL EDUCATION; PLAN TO BE SUBMITTED TO BOARD (\u00a7\n22.1-215)\n\nEach school division shall provide free and appropriate education, including\nspecial education, for (i) the children with disabilities residing within its\njurisdiction and (ii) the children with disabilities who do not reside within\nits jurisdiction but reside in the Commonwealth and are enrolled in a full-time\nvirtual school program provided by the school division, in accordance with\nregulations of the Board of Education. A school division that is required to\nprovide a free and appropriate education, including special education, for a\nnonresident student who is enrolled in its full-time virtual school program\npursuant to this section shall be entitled to any federal and state funds\napplicable to the education of such student. In the case of a student who is a\nresident of the Commonwealth but does not reside in the school division in which\nhe is enrolled in a full-time virtual school program, the school division in\nwhich the student resides shall be released from the obligation to provide a\nfree and appropriate education, including special education, for such student.\n\t\tFor the purposes of this section, “children with disabilities, residing\nwithin its jurisdiction” shall include: (a) those individuals of school\nage identified as appropriate to be placed in public school programs who are\nresiding in a state facility operated by the Department of Behavioral Health and\nDevelopmental Services located within the school division, or (b) those\nindividuals of school age who are Virginia residents and are placed and living\nin a foster care home or child-caring institution or group home located within\nthe school division and licensed under the provisions of Chapter 17 (\u00a7\n63.2-1700 et seq.) of Title 63.2 as a result of being in the custody of a local\ndepartment of social services or welfare or being privately placed, not solely\nfor school purposes.\n\t\tThe Board of Education shall promulgate regulations to identify those children\nplaced within facilities operated by the Department of Behavioral Health and\nDevelopmental Services who are eligible to be appropriately placed in public\nschool programs.\n\t\tThe cost of the education provided to children residing in state facilities\nwho are appropriate to place within the public schools shall remain the\nresponsibility of the Department of Behavioral Health and Developmental\nServices. The cost of the education provided to children who are not residents\nof the Commonwealth and are placed and living in a foster care home or\nchild-caring institution or group home located within the school division and\nlicensed under the provisions of Chapter 17 (\u00a7 63.2-1700 et seq.) of Title 63.2\nshall be billed to the sending agency or person by the school division as\nprovided in subsection C of \u00a7 22.1-5. No school division shall refuse to\neducate any such child or charge tuition to any such child.\n\t\tEach school division shall submit to the Board of Education in accordance with\nthe schedule and by the date specified by the Board, a plan acceptable to the\nBoard for such education for the period following and a report indicating the\nextent to which the plan required by law for the preceding period has been\nimplemented. However, the schedule specified by the Board shall not require\nplans to be submitted more often than annually unless changes to the plan are\nrequired by federal or state law or regulation.\n\t\tEach local school division shall complete a self-assessment and action\nplanning instrument addressing inclusion practices, as developed by the\nDepartment, once every three years and report the results of the assessment and\nplans for improvement to the Department, the division’s superintendent,\nthe division’s special education director, and the chairs of the local\nschool board and local special education advisory committee.\n\nHISTORY: Code 1950, \u00a7 22-10.5; 1974, c. 480; 1978, c. 386; 1980, c. 559; 1985,\nc. 158; 1988, c. 101; 1994, c. 854; 1996, cc. 583, 594; 2009, cc. 813, 840;\n2012, cc. 476, 507; 2014, c. 433; 2021, Sp. 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}}