{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/22.1-274.02.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/22.1-274.02.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/22.1-274.02.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/22.1-274.02.html"}],"law_id":62800,"edition_id":1,"section_id":62800,"structure_id":13512,"section_number":"22.1-274.02","catch_line":"Certain memorandum of agreement required","history":"1999, cc. 967, 1005.","full_text":"A\n\nThe Superintendent of Public Instruction or his designee and the Director of the Department of Medical Assistance Services or his designee shall develop and execute a memorandum of agreement relating to special education health services. This memorandum of agreement shall be revised on a periodic basis; however, the agreement shall, at a minimum, be revised and executed within six months of the inauguration of a new governor in order to maintain policy integrity.B\n\nThe agreement shall include, but need not be limited to, (i) requirements for regular and consistent communications and consultations between the two departments and with school division personnel and officials and school board representatives; (ii) a specific and concise description and history of the federal Individuals with Disabilities Education Act (IDEA), a summary of school division responsibilities pursuant to the Individuals with Disabilities Education Act, and a summary of any corresponding state law which influences the scope of these responsibilities; (iii) a specific and concise summary of the then-current Department of Medical Assistance Services regulations regarding the special education health services; (iv) assignment of the specific responsibilities of the two state departments for the operation of special education health services; (v) a schedule of issues to be resolved through the regular and consistent communications process, including, but not limited to, ways to integrate and coordinate care between the Department of Medical Assistance Services’ managed care providers and special education health services providers; (vi) a process for the evaluation of the services which may be delivered by school divisions participating as special education health services providers pursuant to Medicaid; (vii) a plan and schedule to reduce the administrative and paperwork burden of Medicaid participation on school divisions in Virginia; and (viii) a mechanism for informing primary care providers and other case management providers of those school divisions that are participating as Medicaid providers and for identifying such school divisions as Medicaid providers that are available to receive referrals to provide special education health services.C\n\nThe Board of Education shall cooperate with the Board of Medical Assistance Services in developing a form to be included with the Individualized Education Plan (IEP) that shall be accepted by the Department of Medical Assistance Services as the plan of care (POC) and in collecting the data necessary to establish separate and specific Medicaid rates for the IEP meetings and other services delivered by school divisions to students.\n\t\t\tThe POC form shall (i) be consistent with the plan of care required by the Department of Medical Assistance Services of other Medicaid providers, (ii) allow for written updates, (iii) be used by all school divisions participating as Medicaid providers of special education health services, (iv) document the student’s progress, and (v) be integrated and coordinated with the Department of Medical Assistance Services’ managed care providers.D\n\nThe Department of Education shall prepare, upon consultation with the Department of Medical Assistance Services, a consent form which (i) is separate from the IEP, (ii) includes a statement noting that such form is not part of the student’s IEP, (iii) includes a release to authorize billing of school-based health services delivered to the relevant student by the school division, and (iv) shall be used by all school divisions participating in Medicaid reimbursement. This consent form shall be made available to the parents upon conclusion of the IEP meeting. The release shall allow for billing of school-based health services by Virginia school divisions to the Virginia Medicaid program and other programs operated by the Department of Medical Assistance Services.E\n\nThe Department of Education and the Department of Medical Assistance Services shall also develop a cost-effective, efficient, and appropriate process to allow school divisions access to eligibility data for students for whom consent has been obtained.","order_by":null,"text":{"0":{"id":228916,"text":"The Superintendent of Public Instruction or his designee and the Director of the Department of Medical Assistance Services or his designee shall develop and execute a memorandum of agreement relating to special education health services. This memorandum of agreement shall be revised on a periodic basis; however, the agreement shall, at a minimum, be revised and executed within six months of the inauguration of a new governor in order to maintain policy integrity.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":228917,"text":"The agreement shall include, but need not be limited to, (i) requirements for regular and consistent communications and consultations between the two departments and with school division personnel and officials and school board representatives; (ii) a specific and concise description and history of the federal Individuals with Disabilities Education Act (IDEA), a summary of school division responsibilities pursuant to the Individuals with Disabilities Education Act, and a summary of any corresponding state law which influences the scope of these responsibilities; (iii) a specific and concise summary of the then-current Department of Medical Assistance Services regulations regarding the special education health services; (iv) assignment of the specific responsibilities of the two state departments for the operation of special education health services; (v) a schedule of issues to be resolved through the regular and consistent communications process, including, but not limited to, ways to integrate and coordinate care between the Department of Medical Assistance Services’ managed care providers and special education health services providers; (vi) a process for the evaluation of the services which may be delivered by school divisions participating as special education health services providers pursuant to Medicaid; (vii) a plan and schedule to reduce the administrative and paperwork burden of Medicaid participation on school divisions in Virginia; and (viii) a mechanism for informing primary care providers and other case management providers of those school divisions that are participating as Medicaid providers and for identifying such school divisions as Medicaid providers that are available to receive referrals to provide special education health services.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":228918,"text":"The Board of Education shall cooperate with the Board of Medical Assistance Services in developing a form to be included with the Individualized Education Plan (IEP) that shall be accepted by the Department of Medical Assistance Services as the plan of care (POC) and in collecting the data necessary to establish separate and specific Medicaid rates for the IEP meetings and other services delivered by school divisions to students.\n\t\t\tThe POC form shall (i) be consistent with the plan of care required by the Department of Medical Assistance Services of other Medicaid providers, (ii) allow for written updates, (iii) be used by all school divisions participating as Medicaid providers of special education health services, (iv) document the student’s progress, and (v) be integrated and coordinated with the Department of Medical Assistance Services’ managed care providers.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":228919,"text":"The Department of Education shall prepare, upon consultation with the Department of Medical Assistance Services, a consent form which (i) is separate from the IEP, (ii) includes a statement noting that such form is not part of the student’s IEP, (iii) includes a release to authorize billing of school-based health services delivered to the relevant student by the school division, and (iv) shall be used by all school divisions participating in Medicaid reimbursement. This consent form shall be made available to the parents upon conclusion of the IEP meeting. The release shall allow for billing of school-based health services by Virginia school divisions to the Virginia Medicaid program and other programs operated by the Department of Medical Assistance Services.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":228920,"text":"The Department of Education and the Department of Medical Assistance Services shall also develop a cost-effective, efficient, and appropriate process to allow school divisions access to eligibility data for students for whom consent has been obtained.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":13512,"edition_id":1,"name":"Health Provisions","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":12850,"metadata":{},"date_created":"2026-06-26 03:45:06","date_modified":"2026-06-26 03:45:06","permalink":{"id":182221,"object_type":"structure","relational_id":13512,"identifier":"2","token":"22.1\/14\/2","url":"\/22.1\/14\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12850,"edition_id":1,"name":"Pupils","identifier":"14","label":"chapter","depth":2,"order_by":1,"parent_id":12823,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":182133,"object_type":"structure","relational_id":12850,"identifier":"14","token":"22.1\/14","url":"\/22.1\/14\/","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":83399,"structure_id":13512,"section_number":"22.1-270","catch_line":"Preschool physical examinations","url":"\/22.1-270\/","token":"22.1\/14\/2\/22.1-270","metadata":false},{"id":57306,"structure_id":13512,"section_number":"22.1-271","catch_line":"Repealed","url":"\/22.1-271\/","token":"22.1\/14\/2\/22.1-271","metadata":false},{"id":68537,"structure_id":13512,"section_number":"22.1-271.1","catch_line":"Definitions","url":"\/22.1-271.1\/","token":"22.1\/14\/2\/22.1-271.1","metadata":false},{"id":54801,"structure_id":13512,"section_number":"22.1-271.10","catch_line":"Guidelines and policies on student-athlete extreme heat safety and protection","url":"\/22.1-271.10\/","token":"22.1\/14\/2\/22.1-271.10","metadata":false},{"id":68882,"structure_id":13512,"section_number":"22.1-271.2","catch_line":"Immunization requirements","url":"\/22.1-271.2\/","token":"22.1\/14\/2\/22.1-271.2","metadata":false},{"id":80851,"structure_id":13512,"section_number":"22.1-271.3","catch_line":"Guidelines for school attendance for children infected with human immunodeficiency virus; 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This law was first created in 1999. The record of its establishment is cataloged in chapters 967<\/a> and 1005<\/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":182323,"object_type":"law","relational_id":62800,"identifier":"22.1-274.02","token":"22.1\/14\/2\/22.1-274.02","url":"\/22.1-274.02\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/22.1-274.02\/","token":"22.1\/14\/2\/22.1-274.02","dublin_core":{"Title":"Certain memorandum of agreement required","Type":"Text","Format":"text\/html","Identifier":"\u00a7 22.1-274.02","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Superintendent<\/span> of Public Instruction or his designee and the Director of the Department<\/span> of Medical Assistance Services or his designee shall develop and execute a memorandum<\/span> of agreement relating to special education health services. This memorandum<\/span> of agreement shall be revised on a periodic basis; however, the agreement shall, at a minimum, be revised and executed within six months of the inauguration of a new governor in order<\/span> to maintain policy integrity. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The agreement shall include, but need not be limited to, (i) requirements for regular and consistent communications and consultations between the two departments<\/span> and with school division personnel and officials and school board<\/span> representatives; (ii) a specific and concise description and history of the federal Individuals with Disabilities Education Act (IDEA), a summary of school division responsibilities pursuant to the Individuals with Disabilities Education Act, and a summary of any corresponding state law<\/span> which influences the scope of these responsibilities; (iii) a specific and concise summary of the then-current Department<\/span> of Medical Assistance Services regulations regarding the special education health services; (iv) assignment of the specific responsibilities of the two state departments<\/span> for the operation of special education health services; (v) a schedule of issues<\/span> to be resolved through the regular and consistent communications process, including, but not limited to, ways to integrate and coordinate care between the Department<\/span> of Medical Assistance Services’ managed care providers and special education health services providers; (vi) a process for the evaluation of the services which may be delivered by school divisions participating as special education health services providers pursuant to Medicaid; (vii) a plan and schedule to reduce the administrative and paperwork burden of Medicaid participation on school divisions in Virginia; and (viii) a mechanism for informing primary care providers and other case management providers of those school divisions that are participating as Medicaid providers and for identifying such school divisions as Medicaid providers that are available to receive referrals to provide special education health services. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Board of Education shall cooperate with the Board of Medical Assistance Services in developing a form to be included with the Individualized Education Plan (IEP) that shall be accepted by the Department<\/span> of Medical Assistance Services as the plan of care (POC) and in collecting the data necessary to establish separate and specific Medicaid rates for the IEP meetings and other services delivered by school divisions to students.\n\t\t\tThe POC form shall (i) be consistent with the plan of care required by the Department<\/span> of Medical Assistance Services of other Medicaid providers, (ii) allow for written updates, (iii) be used by all school divisions participating as Medicaid providers of special education health services, (iv) document the student’s progress, and (v) be integrated and coordinated with the Department<\/span> of Medical Assistance Services’ managed care providers. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Department<\/span> of Education shall prepare, upon consultation with the Department<\/span> of Medical Assistance Services, a consent form which (i) is separate from the IEP, (ii) includes a statement noting that such form is not part of the student’s IEP, (iii) includes a release to authorize billing of school-based health services delivered to the relevant student by the school division, and (iv) shall be used by all school divisions participating in Medicaid reimbursement. This consent form shall be made available to the parents<\/span><\/span> upon conclusion of the IEP meeting. The release shall allow for billing of school-based health services by Virginia school divisions to the Virginia Medicaid program and other programs operated by the Department<\/span> of Medical Assistance Services. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The Department<\/span> of Education and the Department<\/span> of Medical Assistance Services shall also develop a cost-effective, efficient, and appropriate process to allow school divisions access to eligibility data for students for whom consent has been obtained. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCERTAIN MEMORANDUM OF AGREEMENT REQUIRED (\u00a7 22.1-274.02)\n\nA. The Superintendent of Public Instruction or his designee and the Director of\nthe Department of Medical Assistance Services or his designee shall develop and\nexecute a memorandum of agreement relating to special education health services.\nThis memorandum of agreement shall be revised on a periodic basis; however, the\nagreement shall, at a minimum, be revised and executed within six months of the\ninauguration of a new governor in order to maintain policy integrity.\n\nB. The agreement shall include, but need not be limited to, (i) requirements for\nregular and consistent communications and consultations between the two\ndepartments and with school division personnel and officials and school board\nrepresentatives; (ii) a specific and concise description and history of the\nfederal Individuals with Disabilities Education Act (IDEA), a summary of school\ndivision responsibilities pursuant to the Individuals with Disabilities\nEducation Act, and a summary of any corresponding state law which influences the\nscope of these responsibilities; (iii) a specific and concise summary of the\nthen-current Department of Medical Assistance Services regulations regarding the\nspecial education health services; (iv) assignment of the specific\nresponsibilities of the two state departments for the operation of special\neducation health services; (v) a schedule of issues to be resolved through the\nregular and consistent communications process, including, but not limited to,\nways to integrate and coordinate care between the Department of Medical\nAssistance Services’ managed care providers and special education health\nservices providers; (vi) a process for the evaluation of the services which may\nbe delivered by school divisions participating as special education health\nservices providers pursuant to Medicaid; (vii) a plan and schedule to reduce the\nadministrative and paperwork burden of Medicaid participation on school\ndivisions in Virginia; and (viii) a mechanism for informing primary care\nproviders and other case management providers of those school divisions that are\nparticipating as Medicaid providers and for identifying such school divisions as\nMedicaid providers that are available to receive referrals to provide special\neducation health services.\n\nC. The Board of Education shall cooperate with the Board of Medical Assistance\nServices in developing a form to be included with the Individualized Education\nPlan (IEP) that shall be accepted by the Department of Medical Assistance\nServices as the plan of care (POC) and in collecting the data necessary to\nestablish separate and specific Medicaid rates for the IEP meetings and other\nservices delivered by school divisions to students.\n\t\t\tThe POC form shall (i) be consistent with the plan of care required by the\nDepartment of Medical Assistance Services of other Medicaid providers, (ii)\nallow for written updates, (iii) be used by all school divisions participating\nas Medicaid providers of special education health services, (iv) document the\nstudent’s progress, and (v) be integrated and coordinated with the\nDepartment of Medical Assistance Services’ managed care providers.\n\nD. The Department of Education shall prepare, upon consultation with the\nDepartment of Medical Assistance Services, a consent form which (i) is separate\nfrom the IEP, (ii) includes a statement noting that such form is not part of the\nstudent’s IEP, (iii) includes a release to authorize billing of\nschool-based health services delivered to the relevant student by the school\ndivision, and (iv) shall be used by all school divisions participating in\nMedicaid reimbursement. This consent form shall be made available to the parents\nupon conclusion of the IEP meeting. The release shall allow for billing of\nschool-based health services by Virginia school divisions to the Virginia\nMedicaid program and other programs operated by the Department of Medical\nAssistance Services.\n\nE. The Department of Education and the Department of Medical Assistance Services\nshall also develop a cost-effective, efficient, and appropriate process to allow\nschool divisions access to eligibility data for students for whom consent has\nbeen obtained.\n\nHISTORY: 1999, cc. 967, 1005.","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}}