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Virginia Department of Education

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Frequently Asked Questions (FAQ)

031-12 Child Find Responsibilities for Incarcerated Students

Do school divisions have Child Find responsibilities for students:

1. incarcerated in regional or local jails;
2. convicted as adults and serving time in federal prison?

 

1. Incarcerated students in regional or local jails
   
   Virginia Regulations governing special education mandate that school divisions must implement a child find program to identify, locate and evaluate students under 18 years old who are suspected of having a disability needing special education and related services, and who are incarcerated in a regional or local jail in the jurisdiction of the school division.  (8 VAC 20-81-50A.1.e)
   
   
2. Students convicted as adults and in federal prisons
   
   As noted in FAQ 030-12, students convicted as adults and serving time in federal prison are under the authority of the Federal Bureau of Prisons.  The provisions of IDEA do not apply to these students, including the requirements for child find. (see Letter to Yudien, 103 LRP 37913, OSEP 2003).

 

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