COMMONWEALTH OF VIRGINIA

DEPARTMENT OF EDUCATION

P.O. BOX 2120

RICHMOND, VIRGINIA 23218-2120

SUPTS. MEMO NO. 104

April 25, 2008

INFORMATIONAL

TO:	Division Superintendents
FROM:	Billy K. Cannaday, Jr. Superintendent of Public Instruction
SUBJECT:	Transmittal of Statement of Administrative Impact and Projected Costs of Implementation for the Promulgation of the Proposed Regulations Governing Special Education Programs for Children with Disabilities in Virginia

 

As part of its responsibility for promulgating new regulations or revisions to existing regulations, the Board of Education is required to develop a statement of the economic impact and projected cost to school divisions of implementing and complying with such regulations. The Board and the Department of Education (VDOE) are required to send a copy of the statement to each division superintendent.

 

The Code of Virginia, at 22.1-214, requires the Board of Education to prepare and supervise the implementation by each school division of a program of special education designed to educate and train children with disabilities between the ages of two and twenty-one, inclusive. The Code of Virginia, at 22.1-16, authorizes the Board of Education to promulgate such regulations as may be necessary to carry out its powers and duties.

 

The current regulations, which became effective March 27, 2002, must be revised to comply with the Individuals with Disabilities Education Improvement Act of 2004 (IDEA 2004), and with its federal implementing regulations, at 34 C.F.R. Part 300, effective October 13, 2006. Alignment with these federal mandates is required to ensure Virginia's continued eligibility for federal special education funding, which will total $273.1 million in 2007-2008. Additional revisions are necessary to ensure consistency with other applicable laws and regulations, and to clarify existing areas of ambiguity. Due to the comprehensive nature of the revisions, the current regulations will be repealed, and new regulations will be promulgated by the Board of Education. The full text of the proposed regulations may be accessed at the following website: http://www.doe.virginia.gov/VDOE/dueproc/proposed_regs.pdf

 

Administrative Impact and Projected Cost of Implementation

 

The Economic Impact Analysis from the Virginia Department of Planning and Budget is attached.

 

Submission of Public Comments

 

The proposed revisions to the Regulations Governing Special Education Programs for Children with Disabilities in Virginia will be published in the Virginia Register of Regulations on April 28, 2008, beginning the 60-day public comment period. Written public comments may be submitted by e-mail to ReviseSpedRegs@doe.virginia.gov, by fax at (804) 786-8520, during one of the public hearings, or by mail at the following address:

 

Special Education Regulations Revision Process

Office of Dispute Resolution & Administrative Services

Department of Education

P.O. Box 2120

Richmond, Virginia 23218-2120

 

Nine public hearings will be held, with each scheduled from 6:30 p.m. to 9:30 p.m., as follows:

 

May 12, 2008 Halifax Co. High School 310 High School Circle South Boston, VA 24592 (434) 572-4977	May 13, 2008 Abingdon High School 705 Thompson Drive Abingdon, VA 24210 (276) 739-3200
May 14, 2008 Hidden Valley High School 5000 Titan Trail Roanoke, VA 24018 (540) 776-7320	May 15, 2008 Freedom High School 25450 Riding Center Drive South Riding, VA 20152 (703) 957-4300
May 27, 2008 Clover Hill High School 13900 Hull Street Road Midlothian, VA 23112 (804) 739-6230	May 28, 2008 Norview High School 6501 Chesapeake Blvd. Norfolk, VA 23513 (757) 852-4500
June 2, 2008 Oakton High School 2900 Sutton Road Vienna, VA 22181 (703) 319-2700	June 3, 2008 Essex High School 833 High School Circle Tappahannock, VA 22560 (804) 443-4301
June 4, 2008 Martin Luther King, Jr. Performing Arts Center 1400 Melbourne Road Charlottesville, VA 22901 (434)295-2722

Registration for individuals seeking to provide oral public comment will begin at 6:00 p.m. Speakers are urged to provide written copies of their comments. Additional information regarding the regulations revision process, the public hearings, and the submission of public comments is available online at http://www.doe.virginia.gov/VDOE/dueproc/regulationsCWD.html

 

Following the conclusion of the public comment period, a summary of the public comments will be developed and copies will be provided to each individual who submits public comment. It is anticipated that the Board of Education will review final recommendations regarding these regulations and their adoption in fall 2008.

 

If you have any questions, please contact Melissa C. P. Smith, Melissa.Smith@doe.virginia.gov, coordinator of administrative services, at (804) 371-0524, Dr. Suzanne Creasey, Suzanne.Creasey@doe.virginia.gov, administrative services specialist, at (804) 225-2923, or Dr. Judy Douglas, Judy.Douglas@doe.virginia.gov, director, Office of Dispute Resolution and Administrative Services, at (804) 225-2771.

 

BKCJr/mcps

 

Attachment

 

a. Economic Impact Analysis (PDF)