Revised Special Education Regulations Effective July 2009

Revised Virginia Special Education Regulations Effective in July 2009

On May 28, 2009, the Virginia Board of Education affirmed the draft regulations that had been published on September 25, 2008, without change.  The Virginia Department of Education (VDOE) anticipates that the final regulations will be published in the Virginia Register on June 22, and it is anticipated that they will take effect on July 7, 2009. 

The following is a summary of the long process to final regulations. 

            December 2004: US Congress reauthorizes the Individuals with Disabilities Education Act (IDEA 2004). The Virginia Department of Education (VDOE) issues implementing guidance. 
            October 2006: the US Department of Education issues federal IDEA regulations. The VDOE issues implementing guidance. 
            January 2007: VDOE issues notice of intent to change the special education regulations. 
            September 2007 the Virginia Board of Education (VBOE) approves the proposed regulations and sends to the Executive Branch for review 
            March 2008: Proposed regulations issued for public comment 
            September 2008: Substantial changes made to proposed regulations and final regulations released for public comment 
            March 2009: Regulations go through administrative review and are approved by the Governor. 
            April 2009: Final regulations undergo additional round of citizen comment. 
            May 2009, VBOE reaffirms their approval of the September 2008 final regulations. 
            June 2009: Final regulations will be published in the Virginia Register 
            July 7, 2009 (anticipated) Final regulations, as issued in September 2008, become final. 

During the last public comment period VDOE received 1,801 comments from 127 individuals and organizations.  VDOE is now preparing the regulatory packet to submit to the Office of the Virginia Registrar for final posting.  The posting period is 15 days, during which time 25 or more citizens may request of VDOE another public comment period based on substantial changes made to the last document.  Since there were no changes made from the September 25, 2008 document to the adopted regulations, PEATC does not anticipate another public comment period. 

The VDOE will now be revising a number of related documents, including VDOE's Model Procedural Safeguards Document and the Parent's Guide to Special Education.  As these documents are revised and distributed.  Watch for future notices of their availability. 

The Virginia Department of Education has posted the draft final regulations on their website at www.doe.virginia.gov/VDOE/dueproc/final_regulations_2009.pdf.  All other information that has been posted since when the regulations process began can be accessed at www.doe.virginia.gov/VDOE/dueproc/regulationsCWD.html. 

For more information about trainings on the new regulations for parents to be offered by PEATC this fall, visit www.PEATC.org, or contact: 

            Parent Educational Advocacy Training Center
            Main Office: 
                        100 N. Washington Street, Suite 234, Falls Church, VA  22046
                        703-923-0010 (Voice)
                        1-800-869-6782 (Toll-free, Voice)
                        1-800-693-3514 (Toll-free, Fax)
            Richmond Regional Office: 
                        3600 West Broad Street, Suite 397, Richmond, VA  23230-4916
                        804-819-1999 (Voice) 
            E-mail:  partners@peatc.org