TITLE 8. EDUCATION

STATE BOARD OF EDUCATION

Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Education intends to consider amending 8VAC20-671, Regulations Governing the Operation of Private Day Schools for Students with Disabilities and Educational Programs Offered in Group Homes and Residential Facilities in the Commonwealth. The purpose of the proposed action is to meet the mandate required by Item 130 H Chapter 1 of the 2023 Acts of Assembly, Special Session I to align the requirements for use of restraint and seclusion for private special education day schools with those for public schools. Proposed amendments being considered include (i) adding definitions; (ii) standardizing requirements related to the use of seclusion and application of restraints with those enforced at public schools; and (iii) altering reporting requirements on the use of seclusion and application of restraints.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §§ 22.1-16 and 22.1-321 of the Code of Virginia.

Public Comment Deadline: November 20, 2024.

Agency Contact: Jim Chapman, Regulatory and Legal Coordinator, Department of Education, James Monroe Building, 25th Floor, 101 North 14th Street, Richmond, VA 23219, telephone (804) 225-2540, or email jim.chapman@doe.virginia.gov.