22.1-215 - School divisions to provide special education; plan to be submitted to Board. - Virginia Statutes

§ 22.1-215. School divisions to provide special education; plan to besubmitted to Board.

Each school division shall provide free and appropriate education, includingspecial education, for the children with disabilities residing within itsjurisdiction in accordance with regulations of the Board of Education.

For the purposes of this section, "children with disabilities, residingwithin its jurisdiction" shall include: (i) those individuals of school ageidentified as appropriate to be placed in public school programs, who areresiding in a state institution operated by the Department of BehavioralHealth and Developmental Services located within the school division, or (ii)those individuals of school age who are Virginia residents and are placed andliving in a foster care home or child-caring institution or group homelocated within the school division and licensed under the provisions ofChapter 17 (§ 63.2-1700 et seq.) of Title 63.2 as a result of being in thecustody of a local department of social services or welfare or beingprivately placed, not solely for school purposes.

The Board of Education shall promulgate regulations to identify thosechildren placed within facilities operated by the Department of BehavioralHealth and Developmental Services who are eligible to be appropriately placedin public school programs.

The cost of the education provided to children residing in the stateinstitutions, who are appropriate to place within the public schools, shallremain the responsibility of the Department of Behavioral Health andDevelopmental Services. The cost of the education provided to children whoare not residents of the Commonwealth and are placed and living in a fostercare home or child-caring institution or group home located within the schooldivision and licensed under the provisions of Chapter 17 (§ 63.2-1700 etseq.) of Title 63.2 shall be billed to the sending agency or person by theschool division as provided in subsection C of § 22.1-5. No school divisionshall refuse to educate any such child or charge tuition to any such child.

Each school division shall submit to the Board of Education in accordancewith the schedule and by the date specified by the Board, a plan acceptableto the Board for such education for the period following and a reportindicating the extent to which the plan required by law for the precedingperiod has been implemented. However, the schedule specified by the Boardshall not require plans to be submitted more often than annually unlesschanges to the plan are required by federal or state law or regulation.

(Code 1950, § 22-10.5; 1974, c. 480; 1978, c. 386; 1980, c. 559; 1985, c.158; 1988, c. 101; 1994, c. 854; 1996, cc. 583, 594; 2009, cc. 813, 840.)