Special Education Basics
Virginia Special Education Regulations
From the Virginia Department of Education, this launch page offers a copy of state regulations for implementation of IDEA, and other state and federal special education policies.
Clarifications on RTI/MTSS and special education referral
Clarifications from the US Office of Special Education Programs and the Virginia Department of Education in spring 2023 that clarifies responsibilities of schools to allow a parent or caregiver to request an initial evaluation of child suspected of having a disability. Response to Intervention (RTI) and Multitiered Systems of Supports (MTSS) cannot be used to delay or deny an initial evaluation.
3/14/23 Federal clarifications including links to two earlier memoranda
4/21/23 Virginia Superintendents' Memo
Federal letter to Special Education Directors on High Quality Education for Highly Mobile Children
November 10, 2022This federal letter from the US Office of Special Education and Rehabilitative Services issued 11/10/22 to State Special Education Directors clarifies requirements for highly mobile children and youth such as military-connected children, migratory children, children who are homeless, and children in the foster care system.
Specific issues addressed are:
- Highly mobile children should have timely and expedited evaluations and eligibility determinations.
- Comparable services include services during the summer, such as Extended School Year (ESY) services.
VDOE Credit accommodations for Advanced Studies and Standard Diplomas
This webpage provides updated information about available accommodations for earning credits needed for Virginia’s Standard and Advanced Studies diplomas.
VDOE Credit Accommodations for students with disabilities
Back to School with ADHD webinar
Originally broadcast live on September 6, 2022, this webinar from FFF provides an overview of ADHD, recent federal policies and strategies for formed families impacted by the condition.
Recording of Back to School ADHD webinar
Presentation slides
State Complaint Toolkit from PEATC
This Toolkit from Parent Educational Advocacy Training Center (PEATC, the Virginia statewide parent training and information center) reviews policy and procedures for filing a State complaint regarding an alleged violation of special education rules.
State Complaint Toolkit
Questions and Answers on Serving Children with Disabilities Placed by Their Parents in Private Schools
From the US Office of Special Education programs, this set of guidance Questions and Answers addresses special education (Individuals with Disabilities Education Act or IDEA) requirements applicable to children with disabilities placed by their parents or caregivers in private schools, who are not enrolled in public school system.
This was updated in February 2022.
Q & A guidance
Foster Care, Special Education, and Learning and Thinking Differences: What You Need to Know
This brief article from Understood.org overviews some education issues specific to children and youth in foster care to foster/resource parents.
Federal Discipline Guidance and Resources, issued July 2022
July 19, 2022Released on July 19, 2022, the US Department of Education’s Office for Civil Rights (OCR) and Office of Special Education and Rehabilitative Services (OSERS) published several policy documents and guides to help public elementary and secondary schools fulfill their responsibilities to meet the needs of students with disabilities and avoid the discriminatory use of student discipline.
The resources are the most comprehensive guidance on the civil rights of students with disabilities concerning student discipline and build on the Department’s continued efforts to support students and schools through pandemic recovery.
Questions and Answers: Addressing the Needs of Children with Disabilities and IDEA's Discipline Provisions from OSERS
Stakeholders' Guide: Positive, Proactive Approaches to Supporting Children with Disabilities from OSERS
Dear Colleague Letter: Addressing the Needs of Children with Disabilities and IDEA's Discipline Provisions
Dear Colleague Letter: Supporting Students with Disabilities and Avoiding the Discriminatory Use of Student Discipline under Section 504 of the Rehabilitation Act of 1973
Fact Sheet: Supporting Students with Disabilities and Avoiding the Discriminatory Use of Student Discipline Under Section 504 of the Rehabilitation Act of 1973
Extended School Year (ESY) webinar May 2022
May 19, 2022This webinar, presented live on 5/19/22 by special education advocate Liz Capone, MS, offered timely information about extended school year services for students with disabilities.
Recording of the webinar
Presentation slides
Special Education for Formed Families: Making It Work! webinar
March 08, 2022Presented live on March 8, 2022, this webinar overviewed eligibility and evaluation processes and offered helpful strategies for foster, adoptive and kinship families to ensure appropriate assessments. Presented by Kelly Henderson and Beth Spivack of FFF.
Webinar recording
Presentation slides
VDOE Supplemental Guidance on Evaluation and Reevaluations 2021
VDOE Supplemental Guidance for Evaluation and Eligibility in Special Education
From the Virginia Department of Education, this 2021 guidance offer is an addendum to the Virginia Department of Education’s Evaluation and Eligibility For Special Education and Related Services: Guidance Document and Guidance on Evaluation and Eligibility for the Special Education Process Appendix A (Sample Evaluation and Eligibility Forms). The Supplemental Guidance provides information about data sources that may be used to inform eligibility for special education services or a need for a related service, as well as information to assist in the local interpretation for terminology in Virginia special education regulations that are not clearly defined (e.g., determining “adverse educational impact” and determining “need for specially designed instruction”).
Reevaluations: Tips for Continuing Special Education Eligibility webinar
Originally broadcast on March 1, 2022, this webinar presented by Kelly Henderson of Formed Families Forward includes a review of the why, when, who and what of special education reevaluations or “triennials”. The 4 steps of reevaluation and the specifics of the ‘developmental delay’ category are covered.
Recording of Reevaluation Webinar
Slides
Finding the Sweet Spot: Foster Care, Disability and Special Education article
This article by FFF Executive Director Kelly Henderson offers an overview of special education considerations for children and youth in foster care. It was published in Fostering Families Today magazine in July 2021.
Article on website
PDF version of article
The Special Education Evaluation Process webinar
Delivered on February 22, 2022 by FFF staff experts, this was first in the Winter 2022 Accessing Special Education: Evaluation & Eligibility Basics webinar series. This session covered initial referral and evaluation processes, timelines and requirements. Eligibility categories and approaches were shared.
Recording of webinar
Presentation slides
Applied Studies Diploma fact sheet from VDOE
Published by Va Department of Education in Spring 2021.
Happy Camper accommodations guide for summer camps
From the disAbility Law Center of Virginia, this short guide provides an overview of federal law and policies that provide for accessible summer camp experiences.
Happy Camper guide
Getting through the Gate: Special Education Eligibility webinar
Broadcast live on March 18, 2021, this webinar from FFF covered the topics of referral, evaluation and eligibility for special education.
Webinar recording
Getting through the Gate slides
Home/School Contract- Fillable template
This fillable Word document can be used to create and customize a written agreement between student, parent/caregiver, and school staff. Customize areas and actions and clarify recognitions and rewards.
Virginia JLARC Report on Special Education December 2020
Find the Virginia Joint Legislative Audit and Review Commission’s December 4, 2020 report on K-12 Special Education HERE.
Find the December 14, 2020 presentation to the Commission HERE.
Find State Superintendent of Public Instruction, Virginia Department of Education response, December 14, 2020 HERE.
Background:
In 2018, the Joint Legislative Audit and Review Commission (JLARC) directed its staff to review Virginia’s K–12 special education system. Staff were directed to review school divisions’ identification and eligibility determination processes; the processes used to determine where students with disabilities will receive their education; student outcomes; the adequacy of training and expertise in special education across school divisions; the effectiveness of the Virginia Department of Education’s (VDOE) monitoring, guidance, and support; and spending trends in special education. (See Appendix A for the study resolution.)
To address the mandate, JLARC staff analyzed student- and state-level data on the enrollment, placements, discipline, and outcomes of students receiving special education, data on state and local spending on special education services, and data related to VDOE’s monitoring efforts. Staff interviewed school division special education directors, special education teachers, VDOE staff, parents, advocates, staff from education agencies in other states, and other stakeholders, including special education experts at Virginia’s special education Training and Technical Assistance Centers. JLARC staff also surveyed school division special education directors and parents of students receiving special education services and reviewed research literature on topics related to special education.
Virginia Parent’s Guide to Special Education
From the Virginia Department of Education
This publication was developed to help parents understand their rights and responsibilities, their child’s rights and the school’s responsibilities to meet the special needs of their child. The guide includes a description of the special education process and what is required of you and the school during each step of that process. Important timelines are highlighted in each section.
Parent's Guide in English, PDF
Parent's Guide in Spanish, PDF
Parent's Guide in ePUB version for mobile