Information on this page is provided by the Division of Special Education & Student Services.

Staff Contacts

Special Education

The Individuals with Disability Education Act (IDEA) guarantees a free appropriate public education to all eligible children with disabilities. The steps in the special education process include:

1. Identification and referral
2. Evaluation
3. Determination of eligibility
4. Development of an individualized education program (IEP) and determination of services
5. Reevaluation

There are timelines schools must follow for each step. Timelines help to prevent any delay. Procedural safeguards, which are rights given to the parents of a child with a disability and the child upon reaching the age of majority (age 18), ensure that the child is provided a free appropriate public education according to the Federal and State rules. The services and placement of students with disabilities who need special education, are developed through an IEP, which is the responsibility of local public school divisions. The Federal and State definition of special education and specially designed instruction are:

"Special education" means specially designed instruction, at no cost to the parent(s), to meet the unique needs of a child with a disability, including instruction conducted in a classroom, in the home, in hospitals, in institutions, and in other settings and instruction in physical education. The term includes each of the following if it meets the requirements of the definition of special education: (§ 22.1-213 of the Code of Virginia; 34 CFR 300.39)
1. Speech-language pathology services or any other related service, if the service is considered special education rather than a related service under state standards;
2. Vocational education; and
3. Travel training.

"Specially designed instruction" means adapting, as appropriate to the needs of an eligible
child, the content, methodology, or delivery of instruction: (34 CFR 300.39(b)(3))
1. To address the unique needs of the child that result from the child's disability; and
2. To ensure access of the child to the general curriculum, so that the child can meet the educational standards that apply to all children within the jurisdiction of the local educational agency.

Resources

• Transfer of Rights for Students with Disabilities Upon Reaching the Age of Majority in Virginia (PDF) Also available in Spanish (PDF)
• Troubleshooting Parents' Special Education Concerns Within A Local School Division (PDF)
• Procedures for Participation of Students with Disabilities in Virginia's Accountability System (PDF) – Guidelines for providing accommodations and documentation.
• A Parent's Guide To Special Education (PDF) Also available in Spanish (PDF)
– This publication, which was developed by VDOE to help parents understand their rights and responsibilities, their children’s rights, and the responsibilities of schools, is currently under revision to reflect changes in state regulations.
• Your Family's Special Education Rights – Virginia Procedural Safeguards Notice (PDF)
  • Spanish (PDF)
  • Arabic (PDF)
  • Chinese (PDF)
  • Urdu (PDF)
  • Farsi (PDF)
  • Korean (PDF)
  • Vietnamese (PDF)
• Extended School Year Services (PDF)
• Comprehensive Services Act for At Risk Youth and Families
• IEP Information
• Parent Resource Centers In Local School Divisions (PDF)
• Legal Advocacy Groups and Resources for Special Education (PDF)

Outside Resources

• Virginia Special Education Reference (VASER) – A resource for Virginia special education statutory and compliance information as well as curriculum, instruction and assessment policy
• Comprehensive Services Act for At Risk Youth and Families
• The Parent Educational Advocacy Training Center
• Federal Agencies
  • U. S. Department of Education
    • Special Education and Rehabilitative Services (OSERS)
  • Office for Civil Rights
  • Office of Special Education Programs
  • U.S. Department of Justice
  • Centers for Disease Control and Prevention, Division of Adolescent and School Health
• State Agencies
  • Virginia Department of Behavioral Health and Developmental Services
  • Virginia Office for Protection and Advocacy
  • Virginia Department of Blind and Vision Impaired
  • Virginia Department for the Deaf and Hard of Hearing
  • Virginia Department of Rehabilitative Services
  • Virginia Department of Medical Assistance Services
• Organizations
  • Virginia Council for Exceptional Children (VA CEC)
  • Virginia Council for Administrators of Special Education

Contact Information

• Assistant Superintendent for Special Education and Student Services,
  Phone (804) 225-3252, Text Users Dial 711 (Virginia Relay)
• Special Education Division Directors (PDF)
• Directory of Private Day & Residential Schools for Students With Disabilities (PDF)
• Regional Special Education Programs

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