Special Education Terms in Virginia

What special education terms does Virginia use?

Virginia uses some distinct terminology in its special education regulations that parents should understand. Under 8VAC20-81-10, key Virginia-specific terms include: (1) 'Emotional disability' is used instead of the federal term 'emotional disturbance'—the definition is identical but the Virginia label governs in all regulatory contexts; (2) 'Local educational agency' or 'LEA' in Virginia means a local school division governed by a local school board, a state-operated program, or the Virginia School for the Deaf and the Blind at Staunton; (3) Virginia uses 'eligibility group' or 'eligibility committee' for the team that determines whether a child qualifies for special education, as distinguished from the IEP team; (4) The IEP team in Virginia follows federal composition requirements (8VAC20-81-110.C) but the LEA representative must have authority to commit resources; (5) Virginia's term for alternative diploma is the 'Applied Studies Diploma'—receipt does not terminate FAPE (8VAC20-81-90); (6) Virginia uses 'child find' consistent with federal law for the obligation to locate and identify all children with disabilities ages 2-21; (7) Due process hearing officers (not administrative law judges) are appointed by the Executive Secretary of the Supreme Court of Virginia (8VAC20-81-210.H)—unique among states; (8) Virginia requires all-party consent to record IEP meetings under VA Code § 19.2-62 (the Virginia Wiretapping Act)—all participants must consent before any audio or video recording; (9) The state parent training center is the Parent Educational Advocacy Training Center (PEATC; peatc.org); (10) The protection and advocacy organization is the disAbility Law Center of Virginia (dLCV; dlcv.org).