COMMONWEALTH OF VIRGINIA

DEPARTMENT OF EDUCATION

P.O. BOX 2120

RICHMOND, VIRGINIA 23218-2120

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.

 

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