                                 CODE OF VIRGINIA

SCHOOL DIVISIONS TO PROVIDE SPECIAL EDUCATION; PLAN TO BE SUBMITTED TO BOARD (§
22.1-215)

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.
		For the purposes of this section, &#8220;children with disabilities, residing
within its jurisdiction&#8221; 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 (§
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.
		The 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.
		The 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 (§ 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 § 22.1-5. No school division shall refuse to
educate any such child or charge tuition to any such child.
		Each 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.
		Each 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&#8217;s superintendent,
the division&#8217;s special education director, and the chairs of the local
school board and local special education advisory committee.

HISTORY: Code 1950, § 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.