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 promulgating the following regulations: 8VAC20-750, Regulations Governing the Use of Seclusion and Restraint in Public Elementary and Secondary Schools in Virginia. The purpose of the proposed action is to adopt regulations in accordance with § 22.1-279.1:1 of the Code of Virginia relating to the use of seclusion and restraint in public elementary and secondary schools. The regulations will (i) be consistent with the board's Guidelines for the Development of Policies and Procedures for Managing Student Behavior in Emergency Situations and the Fifteen Principles contained in the U.S. Department of Education's Restraint and Seclusion: Resource Document; (ii) include definitions, criteria for use, restrictions for use, training requirements, notification requirements, reporting requirements, and follow-up requirements; and (iii) address distinctions, including distinctions in emotional and physical development, between (a) the general student population and the special education student population and (b) elementary school students and secondary school students.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §§ 22.1-16 and 22.1-279.1:1 of the Code of Virginia.

Public Comment Deadline: August 26, 2015.

Agency Contact: Melissa Luchau, Director for Board Relations, Department of Education, P.O. Box 2120, 101 North 14th Street, 25th Floor, Richmond, VA 23219, telephone (804) 225-2924, FAX (804) 225-2524, or email melissa.luchau@doe.virginia.gov.