A BILL to amend and reenact §§ 2.2-5300, 22.1-1, as it shall become effective, 22.1-213, 22.1-214, 22.1-214.4, 22.1-215, 22.1-215.1, 22.1-217, 22.1-217.02, 22.1-217.03, 22.1-253.13:2, as it shall become effective, 22.1-253.13:3, as it shall become effective, 22.1-253.13:4, 22.1-269.1, 22.1-273, 22.1-274.02, and 22.1-274.6 of the Code of Virginia; to amend the Code of Virginia by adding sections numbered 22.1-213.2, 22.1-213.3, 22.1-215.4 through 22.1-215.7, and 22.1-274.7:1; and to repeal §§ 22.1-214.1 and 22.1-214.2 of the Code of Virginia, relating to Department of Education; special education and related services; children with disabilities; educational rights, protections, and duties; requirements.
Department of Education; special education and related services; educational rights, protections, and duties relating to the education of children with disabilities; requirements. Updates several provisions relating to the provision of a free appropriate public education (FAPE), as defined by the bill, including special education and related services, to children with disabilities in the Commonwealth to ensure such provisions are current and consistent with applicable federal law and regulations, including by (i) updating several relevant definitions to bring such definitions up-to-date and (ii) amending several provisions of current law relating to the duties of the Board of Education, the Department of Education, and each school board in ensuring the provision of FAPE, including special education and related services, to children with disabilities in accordance with federal law and regulation. The bill also codifies several provisions of the federal Individuals with Disabilities Education Act (IDEA) and its implementing regulations, including provisions relating to (a) the educational rights of children with disabilities and their parents and the corresponding duties of the Board, Department, and school boards to protect such rights; (b) the evaluation, eligibility determination, and reevaluation of children for special education and related services; (c) the development, review, and revision of the individualized education plan of each child with disabilities, and (d) the procedural safeguards guaranteed to children with disabilities and their parents with respect to receiving a free appropriate public education. The bill also codifies certain protections for qualified students with disabilities, as defined by the bill, from discrimination on the basis of disability in a public school setting, in accordance with § 504 of the Rehabilitation Act of 1973 and its implementing regulations. The provisions of the bill relating to protections for qualified students with disabilities from discrimination on the basis of disability in a public school setting shall not become effective unless and until any provision of § 504 of the Rehabilitation Act of 1973 and any of its implementing regulations has been repealed or declared invalid or nullified by the final judgement of a federal court applicable to the Commonwealth or by executive or administration action, including any action of the federal or judicial branch that nullifies the effectiveness of such law and regulations in prohibiting discrimination on the basis of disability in federally funded programs or activities. Finally, the bill repeals certain sections and makes several technical amendments as necessary in order to update and bring into conformity with applicable federal law and regulation provisions of current law relating to the provision of special education and related services to children with disabilities.