VBOE Briefs, September 2021

September 29, 2021

VEA Member Interest

(from September 23, 2021 meeting)

First Review of Exempt Action to the Regulations Governing Special Education Programs for Children with Disabilities in Virginia based on 2021 General Assembly legislation

(During the Board meeting, first review was waived, and it was approved to adopt this agenda item.)

Special Education Regulations will go through a modification pertaining to:

the mandatory inclusion of language on a draft IEP being provided to the parent at least 2 business days prior
- House Bill 2299 and Senate Bill 1288 requires the Department of Education and the Board of Education to develop new policies and procedures and effect numerous modifications to existing policies and procedures to improve the administration and oversight of special education in the Commonwealth. Specifically, that the Board of Education shall amend its Regulations Governing Special Education Programs for Children with Disabilities in Virginia (8VAC20-81-20 et seq.) to include a provision requiring that, if a school division develops a draft Individualized Education Program (IEP) prior to a scheduled IEP meeting, it shall provide such draft to the parents at least two business days in advance of such IEP meeting.

the Board of Education updating the definition of TBI to be inclusive of additional medical conditions
- HB2182 requires the Board of Education to amend its regulatory definition of “traumatic brain injury,” for the purpose of the provision of special education for children with disabilities, to include an acquired injury to the brain caused by a medical condition, including stroke, anoxia, infectious disease, aneurysm, brain tumors, and neurological insults resulting from medical or surgical treatments. The current regulatory definition of “traumatic brain injury” includes only an acquired brain injury caused by an external physical force.

the removal of the word “component” following evaluation
- HB2314 requires the Board of Education to amend a definition within the regulations relating to special education to remove the word “component” following the word “evaluation,” thereby ensuring compliance with the relevant federal regulation and clarifying that the parent of a child with a disability has the right to an independent educational evaluation at public expense if the parent disagrees with an evaluation obtained by the local educational agency.

Update on the Timeline for Phase 3 Revisions to the Teacher Evaluation Guidelines

The phase 3 revision process to the Teacher Evaluation Guidelines will begin. Tune in to the October and November Board of Education meetings to follow this process.

VDOE Board Briefs email communication can be found HERE

For a full run-down of the VBOE’s September 2021 Business Meeting – CLICK HERE

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