State and Federal Special Education Requirements
Federal requirements related to special education are outlined in the Individuals with Disabilities Education Act (IDEA) 2004.
The current legal provisions regarding special education in Virginia, modeled after IDEA, are contained in the Regulations Governing Special Education Programs for Children with Disabilities in Virginia (effective January 25, 2010), 8 VAC 20-81- 10 et seq., and the Code of Virginia, referred to as VA Regulations.
The IDEA and VA Regulations require all schools to ensure that all identified children with disabilities, ages 2 to 21 inclusive, have the right to a free appropriate public education (FAPE). A FAPE means special education and related services that:
- are provided at public expense, under public supervision and direction, and without charge;
- meet the standards of the Virginia Board of Education;
- include an appropriate preschool, elementary school, middle school, or secondary school education in the state; and
- are provided in keeping with an individualized education program (IEP).
The provision of FAPE also requires that the services provided to a child with a disability address all of the child’s identified special education and related services needs and that the services and educational placement is based on the unique needs and not solely on the child’s disability.
Specially Designed Instruction (SDI) means adapting, as appropriate to the needs of an eligible child...the content, methodology, or delivery of instruction, to address the unique needs of the child that results from the child's disability and to ensure access to the child to the general education curriculum, so that the child can meet educational standards that apply to all children.
Annual Plan
Required by the Individuals with Disabilities Education Act of 2004 (IDEA 2004) & the Virginia Department of Education, the Annual Plan is submitted by divisions annually to receive federal funds for special education under Title VI-B of IDEA 2004 that must be used for the provision of special education services and related services to students with disabilities.