{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/22.1-217.02.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/22.1-217.02.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/22.1-217.02.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/22.1-217.02.html"}],"law_id":78958,"edition_id":1,"section_id":78958,"structure_id":15147,"section_number":"22.1-217.02","catch_line":"Individualized education programs; children identified as deaf or hard-of-hearing","history":"2013, cc. 704, 786.","full_text":"A\n\nIn developing an individualized education program (IEP) for a child identified as deaf or hard-of-hearing, in addition to any other requirements established by the Board of Education, each local school division may ensure that IEP teams consider the child’s specific communication needs and address those needs as appropriate in the child’s IEP. In considering the child’s needs, the IEP team may expressly consider the following:1\n\nThe child’s individual communication mode or language;2\n\nThe availability to the child of a sufficient number of age, cognitive, academic, and language peers of similar abilities if the parents so desire;3\n\nThe availability to the child of deaf or hard-of-hearing adult models of the child’s communication mode or language;4\n\nThe provision of direct and ongoing language access to teachers of the deaf and hard-of-hearing, interpreters, psychologists, educational audiologists, speech-language pathologists, administrators, and other special education personnel who are knowledgeable due to specific training and who are proficient in the child’s primary communication mode or language;5\n\nThe provision of communication-accessible academic instruction, school services, and direct access to all components of the educational process, including recess, lunch, extracurricular social and athletic activities, and the equal opportunity to participate in advanced coursework, technical vocational coursework, and academic classes as identified by the IEP team;6\n\nEquipping children identified as deaf or hard-of-hearing with appropriate assistive technology across a full spectrum; and7\n\nThat the Virginia School for the Deaf and the Blind may be the least restrictive environment for the child.B\n\nNo child identified as deaf or hard-of-hearing may be denied the opportunity for instruction in a particular communication mode or language solely because another communication mode or language was originally chosen for the child.C\n\nA child may receive instruction in more than one communication mode or language.D\n\nFor the purposes of this section, “communication mode or language mode” means one or more of the following systems or methods of communication applicable to children identified as deaf or hard-of-hearing: (i) American Sign Language; (ii) English-based manual or sign systems; (iii) oral, aural, speech-based training; (iv) spoken and written English, including speech reading, lip reading, or cued speech; and (v) communication with assistive technology devices to facilitate language and learning.","order_by":null,"text":{"0":{"id":282800,"text":"In developing an individualized education program (IEP) for a child identified as deaf or hard-of-hearing, in addition to any other requirements established by the Board of Education, each local school division may ensure that IEP teams consider the child’s specific communication needs and address those needs as appropriate in the child’s IEP. In considering the child’s needs, the IEP team may expressly consider the following:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":282801,"text":"The child’s individual communication mode or language;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":282802,"text":"The availability to the child of a sufficient number of age, cognitive, academic, and language peers of similar abilities if the parents so desire;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":282803,"text":"The availability to the child of deaf or hard-of-hearing adult models of the child’s communication mode or language;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":282804,"text":"The provision of direct and ongoing language access to teachers of the deaf and hard-of-hearing, interpreters, psychologists, educational audiologists, speech-language pathologists, administrators, and other special education personnel who are knowledgeable due to specific training and who are proficient in the child’s primary communication mode or language;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":282805,"text":"The provision of communication-accessible academic instruction, school services, and direct access to all components of the educational process, including recess, lunch, extracurricular social and athletic activities, and the equal opportunity to participate in advanced coursework, technical vocational coursework, and academic classes as identified by the IEP team;","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":282806,"text":"Equipping children identified as deaf or hard-of-hearing with appropriate assistive technology across a full spectrum; and","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":282807,"text":"That the Virginia School for the Deaf and the Blind may be the least restrictive environment for the child.","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"B"},"8":{"id":282808,"text":"No child identified as deaf or hard-of-hearing may be denied the opportunity for instruction in a particular communication mode or language solely because another communication mode or language was originally chosen for the child.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A7","next_prefix":"C"},"9":{"id":282809,"text":"A child may receive instruction in more than one communication mode or language.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"10":{"id":282810,"text":"For the purposes of this section, “communication mode or language mode” means one or more of the following systems or methods of communication applicable to children identified as deaf or hard-of-hearing: (i) American Sign Language; (ii) English-based manual or sign systems; (iii) oral, aural, speech-based training; (iv) spoken and written English, including speech reading, lip reading, or cued speech; and (v) communication with assistive technology devices to facilitate language and learning.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":15147,"edition_id":1,"name":"Special Education","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":12954,"metadata":{},"date_created":"2026-06-26 03:52:32","date_modified":"2026-06-26 03:52:32","permalink":{"id":181827,"object_type":"structure","relational_id":15147,"identifier":"2","token":"22.1\/13\/2","url":"\/22.1\/13\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12954,"edition_id":1,"name":"Programs, Courses of Instruction and Textbooks","identifier":"13","label":"chapter","depth":2,"order_by":1,"parent_id":12823,"metadata":{},"date_created":"2026-06-26 03:44:04","date_modified":"2026-06-26 03:44:04","permalink":{"id":181369,"object_type":"structure","relational_id":12954,"identifier":"13","token":"22.1\/13","url":"\/22.1\/13\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12823,"edition_id":1,"name":"Education","identifier":"22.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":180949,"object_type":"structure","relational_id":12823,"identifier":"22.1","token":"22.1","url":"\/22.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":86043,"structure_id":15147,"section_number":"22.1-213","catch_line":"Definitions","url":"\/22.1-213\/","token":"22.1\/13\/2\/22.1-213","metadata":false},{"id":72577,"structure_id":15147,"section_number":"22.1-213.1","catch_line":"Definition of \"parent.\"","url":"\/22.1-213.1\/","token":"22.1\/13\/2\/22.1-213.1","metadata":false},{"id":82042,"structure_id":15147,"section_number":"22.1-214","catch_line":"Board to prepare special education program for children with disabilities","url":"\/22.1-214\/","token":"22.1\/13\/2\/22.1-214","metadata":false},{"id":84589,"structure_id":15147,"section_number":"22.1-214.1","catch_line":"Issuance of subpoenas by hearing officers","url":"\/22.1-214.1\/","token":"22.1\/13\/2\/22.1-214.1","metadata":false},{"id":76983,"structure_id":15147,"section_number":"22.1-214.2","catch_line":"Definition of \"supervise\" as related to educational programs provided for or by Department of Behavioral Health and Developmental Services","url":"\/22.1-214.2\/","token":"22.1\/13\/2\/22.1-214.2","metadata":false},{"id":75557,"structure_id":15147,"section_number":"22.1-214.3","catch_line":"Department to develop certain curriculum guidelines; 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This law was first created in 2013. The record of its establishment is cataloged in chapters 704<\/a> and 786<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":false,"permalink":{"id":181889,"object_type":"law","relational_id":78958,"identifier":"22.1-217.02","token":"22.1\/13\/2\/22.1-217.02","url":"\/22.1-217.02\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/22.1-217.02\/","token":"22.1\/13\/2\/22.1-217.02","dublin_core":{"Title":"Individualized education programs; children identified as deaf or hard-of-hearing","Type":"Text","Format":"text\/html","Identifier":"\u00a7 22.1-217.02","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In developing an individualized education program (IEP) for a child identified as deaf or hard-of-hearing<\/span>, in addition to any other requirements established by the Board<\/span> of Education, each local school division may ensure that IEP teams consider the child’s specific communication needs and address those needs as appropriate in the child’s IEP. In considering the child’s needs, the IEP team may expressly consider the following: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The child’s individual communication mode or language; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The availability to the child of a sufficient number of age, cognitive, academic, and language peers of similar abilities if the parents<\/span><\/span> so desire; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The availability to the child of deaf or hard-of-hearing<\/span> adult models of the child’s communication mode or language; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The provision of direct and ongoing language access to teachers of the deaf and hard-of-hearing<\/span>, interpreters, psychologists, educational audiologists, speech-language pathologists, administrators, and other special education<\/span> personnel who are knowledgeable due to specific training and who are proficient in the child’s primary communication mode or language; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The provision of communication-accessible academic instruction, school services, and direct access to all components of the educational process, including recess, lunch, extracurricular social and athletic activities, and the equal opportunity to participate in advanced coursework, technical vocational coursework, and academic classes as identified by the IEP team; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Equipping children identified as deaf or hard-of-hearing<\/span> with appropriate assistive technology across a full spectrum; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> That the Virginia School for the Deaf and the Blind may be the least restrictive environment for the child. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> No child identified as deaf or hard-of-hearing<\/span> may be denied the opportunity for instruction in a particular communication mode or language solely because another communication mode or language was originally chosen for the child. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A child may receive instruction in more than one communication mode or language. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> For the purposes of this section, “communication mode or language mode<\/span>” means one or more of the following systems or methods of communication applicable to children identified as deaf or hard-of-hearing<\/span>: (i) American Sign Language; (ii) English-based manual or sign systems; (iii) oral, aural, speech-based training; (iv) spoken and written English, including speech reading, lip reading, or cued speech; and (v) communication with assistive technology devices to facilitate language and learning. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nINDIVIDUALIZED EDUCATION PROGRAMS; CHILDREN IDENTIFIED AS DEAF OR\nHARD-OF-HEARING (\u00a7 22.1-217.02)\n\nA. In developing an individualized education program (IEP) for a child\nidentified as deaf or hard-of-hearing, in addition to any other requirements\nestablished by the Board of Education, each local school division may ensure\nthat IEP teams consider the child’s specific communication needs and\naddress those needs as appropriate in the child’s IEP. In considering the\nchild’s needs, the IEP team may expressly consider the following:\n\n 1. The child’s individual communication mode or language;\n\n 2. The availability to the child of a sufficient number of age, cognitive,\n academic, and language peers of similar abilities if the parents so desire;\n\n 3. The availability to the child of deaf or hard-of-hearing adult models of\n the child’s communication mode or language;\n\n 4. The provision of direct and ongoing language access to teachers of the deaf\n and hard-of-hearing, interpreters, psychologists, educational audiologists,\n speech-language pathologists, administrators, and other special education\n personnel who are knowledgeable due to specific training and who are\n proficient in the child’s primary communication mode or language;\n\n 5. The provision of communication-accessible academic instruction, school\n services, and direct access to all components of the educational process,\n including recess, lunch, extracurricular social and athletic activities, and\n the equal opportunity to participate in advanced coursework, technical\n vocational coursework, and academic classes as identified by the IEP team;\n\n 6. Equipping children identified as deaf or hard-of-hearing with appropriate\n assistive technology across a full spectrum; and\n\n 7. That the Virginia School for the Deaf and the Blind may be the least\n restrictive environment for the child.\n\nB. No child identified as deaf or hard-of-hearing may be denied the opportunity\nfor instruction in a particular communication mode or language solely because\nanother communication mode or language was originally chosen for the child.\n\nC. A child may receive instruction in more than one communication mode or\nlanguage.\n\nD. For the purposes of this section, “communication mode or language\nmode” means one or more of the following systems or methods of\ncommunication applicable to children identified as deaf or hard-of-hearing: (i)\nAmerican Sign Language; (ii) English-based manual or sign systems; (iii) oral,\naural, speech-based training; (iv) spoken and written English, including speech\nreading, lip reading, or cued speech; and (v) communication with assistive\ntechnology devices to facilitate language and learning.\n\nHISTORY: 2013, cc. 704, 786.","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}}