Virginia Special Education Requirements

What special education requirements does Virginia have beyond federal law?

Virginia has several state-specific special education requirements that go beyond the federal IDEA baseline. Key Virginia-specific provisions include: (1) The initial evaluation timeline is 65 business days from referral receipt—uniquely measured in business days rather than calendar days (8VAC20-81-60.B.1.g); (2) Transition planning must begin no later than age 14, two years earlier than the federal requirement of age 16 (8VAC20-81-110.G.10); (3) Virginia uses the term 'emotional disability' rather than the federal 'emotional disturbance' (8VAC20-81-80.N; 8VAC20-81-10); (4) Parental consent is required before revising an IEP—not just for initial placement—exceeding federal IDEA (8VAC20-81-170.E.1.d); (5) If a draft IEP is prepared before a meeting, it must be provided to parents at least two business days in advance (8VAC20-81-110.B.8); (6) All-party consent is required to record IEP meetings under VA Code § 19.2-62 (the Virginia Wiretapping Act)—all meeting participants must consent; (7) FAPE is provided through age 21; services terminate upon reaching age 22 (Code of Virginia § 22.1-213; 8VAC20-81-90); (8) Virginia has a separate comprehensive restraint and seclusion regulation (8VAC20-750) applicable to all students; (9) Hearing officers are appointed by the Executive Secretary of the Virginia Supreme Court, not by VDOE or the LEA (8VAC20-81-210.H); (10) Developmental delay category optional for local school divisions, ages 2-6 only (8VAC20-81-80.M); (11) IEP teams must provide dual enrollment course information during transition IEP meetings for 11th/12th graders (Code of Virginia § 22.1-215.3); (12) IEP teams must consider guidelines for age-appropriate instruction on sexual health, self-protection, and personal boundaries for students with disabilities (Code of Virginia § 22.1-217.03).