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VA Special Education Overview

Virginia's special education law, administered by the Virginia Department of Education, requires all schools to ensure that all identified children with disabilities have the right to a Free Appropriate Public Education (FAPE).

FAPE means special education and related services that:

·          Are provided at public expense, under public supervision and direction, and without charge (except for fees such as activity fees that all school children are charged);

·          Meet the requirements of the Virginia Board of Education;

·          Include preschool, elementary school, middle school, or secondary school education in the state; and

·          Are provided in keeping with an individualized education program (IEP).

Special education services may be provided in a general education or special education classroom, home, hospital, separate school, or other setting.

Special Education Process

There are five steps in the special education process, and each step builds on the previous one.

1. Identification and referral. When a student is suspected of having a disability, a referral, which is a written or oral request for an evaluation, is given to the school.

2. Evaluation. The school then evaluates the student to determine whether the student has a disability as well as the nature and extent of the special education and related services that the student needs.

3. Determination of eligibility. Based on the results of the evaluation, a team decides if the student is eligible to receive special education and related services. To be found eligible, the team must decide that the student has a disability and as a result needs special education and related services.

4. Development of an individualized education program (IEP) and determination of services. If the student is eligible to receive special education and related services, a team then develops and implements an appropriate IEP to meet the needs of the student. This team also decides the particular services the student will receive. The IEP must be reviewed and revised at least annually.

5. Reevaluation. At least every three years, a team must reevaluate the student to determine whether the student continues to need special education and related services.

Transitioning to Adulthood

By the time a special education student reaches age 14, the IEP process should include planning for the student's transitioning from school to adult life. (See Transition Services - School.)

NOTE: To see the Regulations Governing Special Education Programs for Children with Disabilities in Virginia, 8 VAC 20-81-10 et seq., go to: http://leg1.state.va.us/000/reg/TOC08020.HTM#C0081.

See Also:

Virginia Department of Education

VA Transition Services - School

VA DRS Transition Services

VA PERT Program Services

Back to:

Virginia Benefit Information System Welcome and Introduction

Source:

For detailed information about Special Education, IEPs and transitioning, see A Parent's Guide to Special Education, available in PDF format (requires Adobe Acrobat Reader) at: http://www.doe.virginia.gov/special_ed/parents/parents_guide.pdf.

The Parent's Guide is also available in Spanish at:
http://www.doe.virginia.gov/special_ed/parents/parents_guide_spanish.pdf.

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