COMMONWEALTH
OF VIRGINIA
DEPARTMENT
OF EDUCATION
P.O.
BOX 2120
SUPTS.
MEMO NO. 2
March 30, 2007
INTERPRETIVE
|
TO: |
Division Superintendents |
|
FROM: |
Billy K. Cannaday, Jr. Superintendent of Public Instruction |
|
SUBJECT: |
Requirements for Providing a Free Appropriate
Public Education for Students with Disabilities Ordered by Juvenile Court
Judges to be Placed in Group Homes |
The Virginia Department of Education issued a
Superintendents Memorandum on June 24, 2005, regarding when a school division
has responsibility for providing a free appropriate public education (FAPE) to
a student with a disability who is under the age of 18, lives with his parents,
and is placed in a group home in a school division of nonresidence by the local
juvenile court judge. New information
has come to light regarding the controlling authority in this instance.
The Regulations Governing Special Education for
Children with Disabilities in Virginia, address this issue at 8 VAC
20-80-40 B.10.a(2). Please be advised that this regulation is the controlling
authority in this situation. In this
regard, the school division where the parent resides is responsible for FAPE
for this student.
Please share this information with your respective
school board attorney and special education administrator. If you have any
questions about these requirements, please contact H. Douglas Cox, assistant
superintendent for special education and student services at (804) 225-3252; Doug.Cox@doe.virginia.gov, or Judy
Douglas, director of dispute resolution and administrative services, at (804)
225-2771; Judy.Douglas@doe.virginia.gov.
BKCJr/jd