COMMONWEALTH OF VIRGINIA
DEPARTMENT OF EDUCATION
P.O. BOX 2120
RICHMOND, VIRGINIA 23218-2120

SUPTS. MEMO NO. 105
July 27, 2001

INFORMATIONAL
 
TO: Division Superintendents
FROM: Jo Lynne DeMary
Superintendent of Public Instruction
SUBJECT: HB 1226, Passed by the 2001 Session of the Virginia General Assembly

This memorandum provides information regarding a bill passed by the 2001 session of the Virginia General Assembly that is of interest to school superintendents, administrators of special education, instructional personnel, and parents.

House Bill 1226 instructs the Superintendent of Public Instruction to notify local school boards of information provided in federal law and regulations that must be provided for parents of students enrolled or recommended for placement in special education programs.

The Regulations Governing Special Education Programs for Children with Disabilities in Virginia, which became effective January 1, 2001, contain information about the rights of parents specified in the Individuals with Disabilities Education Act (IDEA). These regulations can be found on the Department of Educationís website at http://www.pen.k12.va.us. A Parent's Guide to Special Education, a companion document to the regulations, will be available from the department in early fall.

Copies of procedural safeguards which describe the rights of parents under IDEA must be made available to parents, at a minimum, upon initial referral for evaluation, each notification of an IEP meeting, reevaluation of the child, receipt of a request for a due process hearing, and notification of a decision to take disciplinary action. The procedural safeguards document is available on the department's Web site at http://www.pen.k12.va.us/VDOE/Instruction/Sped/proc_safe.pdf.

Information on availability of special education resources for parents was provided to you through Superintendent's Memo Number 205, Informational, November 17, 2000. You may view that memo on the department's website at /administrators/superintendents_memos/2000/inf205.html.

For questions related to this bill, please contact Judy Hudgins (mailto:jhudgins@mail.vak12ed.edu) specialist for special education at (804) 371-7421.

JLD/JH/rt