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 repealing the following regulations: 8VAC20-670, Regulations Governing the Operation of Private Day Schools for Students with Disabilities, and promulgating 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. Effective October 31, 2009, the provisions of the Code of Virginia are revised pursuant to legislation passed by the 2008 Acts of Assembly and signed by the Governor. The legislation eliminated the interdepartmental regulation of children's residential facilities. Thus, new regulations are needed to govern the operation of educational programs and services in children's residential facilities and group homes. The new regulations will provide provisions for the operation of schools for students with disabilities and hold all private providers of special education to consistent standards. The new regulations will allow consistency in the operation and management of these education programs.

The agency intends 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 Code of Virginia.

Public Comments: Public comments may be submitted until 5 p.m. on November 14, 2008.

Agency Contact: Dr. Margaret N. Roberts, Office of Policy & Communications, Department of Education, P.O. Box 2120, 101 North 14th Street, 25th Floor, Richmond, VA 23219, telephone (804) 225-2540, FAX (804) 225-2524, or email margaret.roberts@doe.virginia.gov.