P.O. BOX 2120
October 6, 2000

TO: Division Superintendents
FROM: Jo Lynne DeMary
Superintendent of Public Instruction
SUBJECT: Programs for Children and Students with Disabilities in Regional or Local Jails

The 1997 amendments to the Individuals with Disabilities Education Act mandate that special education and related services be provided to all eligible students including those who are incarcerated. As a result, Virginia is implementing services to eligible students, who are incarcerated in local and regional jails. The operation of the jails is a local responsibility. Thus, the responsibility for providing special education and related services to eligible students incarcerated in jails is the responsibility of the school division in which the local or regional jail is located. However, the Virginia Department of Education will reimburse the school division for the costs associated with these services. The Virginia General Assembly, in the 2000-2001 session, appropriated $1.7 million for this purpose. Attachment A includes a list of each school division with a jail in its jurisdiction.

Each school division with a regional or local jail in its jurisdiction will be required to develop an interagency agreement with that jail. The Department of Education will provide technical assistance in the development of these agreements and the overall implementation of this new program.

For your information, we have provided a synopsis of language pertaining to these new requirements that has been incorporated in the proposed Regulations Governing Special Education Programs for Children with Disabilities in Virginia (Attachment B). The Department will send comparable information to sheriffs and jail administrators. Further information about the interagency agreements and reimbursement procedures will be provided as soon as possible. In the interim, if you have questions, please contact Lanett W. Brailey, special education technical assistant ( at (804) 786-0308.

JLD: lwb