Virginia Legislative & Regulatory News

Amendments to the Regulations Governing Special Education Programs for Children with Disabilities in Virginia

October 25, 2006, the Virginia Board of Education discussed first review of Notice of Intended Regulatory Action (NOIRA.) The Board waived first review and authorized the Department of Education to proceed with the requirements of the Administrative Process Act (APA). Please see http://www.doe.virginia.gov for additional information regarding the pre-NOIRA and http://www.doe.virginia.gov for a chart showing the steps required by the APA and Virginia Department of Education for revising the Regulations Governing Special Education Programs for Children with Disabilities in Virginia.

2007 Virginia General Assembly (Updated March 1, 2007)

> HB 1962 and SB 847. The General Assembly is considering HB 1962 and SB 847, a Bill to amend and reenact Section 22.1-214 of the Code of Virginia, relating to sworn testimony in the special education due process procedure. These Bills require that all testimony at special education due process hearings be given under oath or affirmation administered by the hearing officer.

HB 1962 would require the following language be added to paragraph B of the Section 22.1-214 of the Code of Virginia: Procedures prescribed pursuant to this subsection shall require that testimony be given under oath or affirmation administered by the hearing officer.

January 5, 2007, the Bill was referred to the Committee on Education.
January 15, 2007, the Bill was reported out by a vote of 21-Y, 0-N.
January 19, 2007, the Bill was read before the House for a third time and passed a House BLOCK VOTE by a vote of 98-Y, 0-N. The Bill was communicated to the Senate the same day.

January 22, 2007, the Bill was referred to the Senate Committee on Education and Health.
February 1, 2007, the Bill was reported from Committee with Amendments by a vote of 13-Y, 2-N. The Senate Amendments changed the revision language in HB 1962 to match that of SB 847 (see below.)

February 2, 2007, HB 1962 passed in the Senate by a vote of 40-Y, 0-N.

2/6/06, the Bill passed Senate with Amendments by a vote 36-Y, 3-N. The Bill was placed on the House Calendar to discuss the Senate Amendments.
2/8/07, the House agreed to Senate Amendments by a vote of 96-Y, 0-N.
2/12/07, the Bill was signed by the Speaker of the House and President of the Senate.
2/19/07, the Governor approved. Effective date 7/1/07.

Bill passed House and Senate as HB1962ER


SB 847 would require the following language be added to paragraph B of the Section 22.1-214 of the Code of Virginia: The procedures shall require that all testimony be given under oath or affirmation administered by the hearing officer

January 5, 2007, the Bill was referred to the Committee on Education and Health
January 11, 2007, the Bill was reported out of Committee by a vote of 12-Y, 2-N, 1-A.
January 19, 2007, the Bill was read before the Senate for a third time and passed by a vote of 34-Y, 4-N. The Bill was communicated to the Senate the same day.

On February 2, 2007, the Bill was referred to the Committee on Education.

2/7/07, the Bill was reported from Committee by a vote of 22-Y, 0-N.
2/14/07, the Bill was signed by the Speaker of the House and President of the Senate.
2/19/07, the Governor approved. Effective date 7/1/07.

Bill passed House and Senate as SB 847ER

> HB 2542. The General Assembly is considering HB 2542, No Child Left Behind; Board of Education requesting Waiver from certain provisions. The Summary as introduced is as follows:

No Child Left Behind. Requires the Board of Education to request a waiver from those provisions of NCLB that are not an integral part of the Commonwealth's existing educational accountability system as set forth in the Standards of Quality, Standards of Learning, and Standards of Accreditation. If a waiver is not received, the bill directs the Commonwealth to withdraw from NCLB and directs the Board of Education and Office of the Attorney General of Virginia to bring suit against the United States Department of Education if federal funds are inappropriately withheld as a result of the withdrawal.

January 9, 2007, the Bill was introduced and referred to the Committee on Education.
January 29, 2007, the Bill was reported from Committee with Amendments in the nature of a substitute by a vote of 21-Y, 0-N and printed.
January 31, 2007, the Committee substitute was agreed to.
February 1, 2007, the Bill was read a third time and passed the House BLOCK VOTE by a vote of 99-Y, 0-N. The Bill was communicated to the Senate the same day.

February 2, 2007, the Bill was referred to the Committee on Education and Health.

2/8/07, the Bill was reported from Committee by a vote of 15-Y, 0-N.
2/12/07, the Bill passed the Senate by a vote of 40-Y, 0-N.
2/16/07, the Bill was signed by the Speaker of the House.
2/18/07, the Bill was signed by the President of the Senate.

Bill passed House and Senate as HB 2542ER

> SB 1419 Tuition Assistance Grant Program for Students with
Disabilities. The summary for SB 1419 as introduced is as follows:

Establishes a tuition assistance grant program for students with disabilities. The program provides grants of no more than $10,000 a year to a Virginia nonsectarian private school of choice for students with disabilities for whom an individual education plan has been written.

The bill requires that in order to receive the grant the following conditions be satisfied:
(i) the student has attended a public school in the Commonwealth and has received special education services for at least one year prior to the receipt of the grant;
(ii) the parent has obtained acceptance for admission of the student to an eligible private school;
(iii) the parent has requested the grant of the Superintendent of Public Instruction and notified the division superintendent of that request; and
(iv) the parent has executed and submitted to the division superintendent a written statement asserting his dissatisfaction with the student's progress and acknowledging that the public school has offered or implemented an individualized educational program that is reasonably calculated to provide educational benefit.

The Board of Education is required to promulgate regulations to administer the Grant Program within 280 days of enactment.

January 19, 2007, the Bill was introduced and referred to Committee on Finance.
February 1, 2007, the Bill was reported from the Committee on Finance with amendment.
February 6, 2007, the Bill the amendment was agreed to and the Bill engrossed by the Senate as amended. The Bill passed the Senate that same day by a vote of 21-Y, 18-N and was communicated to the House.
February 8, 2007, the Bill was placed on the House calendar and referred to the Committee on Education.
2/14/07, the Bill was referred from Committee on Education and referred to Committee on Appropriations.
2/16/07, the Bill was defeated in Appropriations by a vote 7-Y, 13-N.

IDEA 2004 Federal Regulations Released

On August 14, 2006, the United States Department of Education, Office of Special Education and Rehabilitative Services, released final regulations governing the Assistance to State for Education of Children with Disabilities Program and the Preschool Grants for Children with Disabilities Program. A copy of the Regulations can be downloaded at http://www.ed.gov/legislation/FedRegister/finrule/2006-3/081406a.pdf.