As used in this article:
"Children with disabilities" means those persons (i) who are age two to 21, inclusive, having reached the age of two by the date specified in § 22.1-254; (ii) who have intellectual disability or serious emotional disturbance, are physically disabled, speech impaired, deaf or hard of hearing, visually impaired, or multiple disabled, are otherwise health impaired, including those who have autism spectrum disorder or a specific learning disability, or are otherwise disabled as defined by the Board of Education; and (iii) who because of such impairments need special education.
"Instructional practices to support specially designed instruction in inclusive settings" means structured instructional practices, including sequential, systematic, explicit, and cumulative teaching, that (i) are based on reliable, trustworthy, and valid evidence; (ii) provide access to grade-level content in core or general instruction, supplemental instruction, intervention services, and intensive intervention services; (iii) are developed based on reliable data collection and progress monitoring from both valid and reliable assessments and tracking of progress toward individual goals and objectives; (iv) are able to be differentiated in order to meet the individual needs of students; and (v) align with student need based on special education eligibility, present level of performance, and related goals and objectives.
"Related services" means transportation and such developmental, corrective, and other supportive services as are required to assist a child with a disability to benefit from special education, including speech pathology and audiology, psychological services, physical and occupational therapy, recreation, early identification and assessment of disabilities in children, counseling services, and medical services for diagnostic or evaluation purposes. "Related services" also includes school health services, social work services in schools, and parent counseling and training.
"Special education" means specially designed instruction at no cost to the parent to meet the unique needs of a child with a disability, including classroom instruction, home instruction, instruction provided in hospitals and institutions, instruction in physical education, and instruction in career and technical education.
"Specially designed instruction" means instruction for which the content, methodology, or delivery is adapted, as appropriate to the needs of an eligible child, to (i) address the unique needs of the child that result from the child's disability and (ii) ensure that the child has access to the general curriculum so that the child can meet the educational standards that apply to all children within the jurisdiction of the local educational agency.
"Specific learning disability" means a disorder in one or more of the basic psychological processes involved in understanding or using language, spoken or written, which may manifest itself in an imperfect ability to listen, think, speak, read, write, spell, or do mathematical calculations. "Specific learning disability" does not include children who have learning problems that are primarily the result of visual, hearing, motor, or intellectual disability, or of environmental, cultural, or economic disadvantage.
Code 1950, § 22-10.3; 1974, c. 480; 1978, c. 386; 1980, c. 559; 1983, c. 538; 1990, c. 444; 1994, c. 854; 2001, c. 483; 2012, cc. 476, 507; 2019, c. 288; 2023, cc. 148, 149; 2024, cc. 468, 502.
Notes of Decisions
Sch. Bd. of Cnty. of York v. Nicely, 408 S.E.2d 545 (Va. Ct. App. 1991).
· cites it 4× “He was identified as handicapped pursuant to Virginia Code §§ 22.1-213 et seq. and the federal Education of the Handicapped Act, 20 U.”
Martin v. Sch. Bd. of Prince George Cnty., 348 S.E.2d 857 (Va. Ct. App. 1986).
· cites it 6× “§§1400-1420 (1982), and the Virginia special education statute, Code §§ 22.1-213 to 22.1-221. To receive federal funds for its special education programs the Commonwealth must have in effect “a policy that assures all handicapped children the right to a free appropriate public…”
Sch. Bd. of Campbell Cnty. v. Beasley, 380 S.E.2d 884 (Va. 1989).
· cites it 5× “Code §§ 22.1-213 to -221. As pertinent to this case, the Virginia statutes provide that the State Board of Education shall prepare and supervise the implementation by each school division of a program of special education “designed to educate and train handicapped children.”
Sch. Bd. of City of Newport News v. Com., 689 S.E.2d 731 (Va. 2010).
· cites it 2× “To the extent Beasley suggests that an action brought pursuant to IDEAor its state analogue, Code §§ 22.1-213 through 221in state or federal court remains an administrative action, it is expressly overruled.”
Richards v. Fairfax Cnty. Sch. Bd., 798 F. Supp. 338 (E.D. Va. 1992).
· cites it 2× “§§ 1400-85 , and under Virginia law, Va.Code Ann. §§ 22.1-213 to 22.1-221, to receive a “free appropriate public education” within the meaning of the EHA from Defendant Fairfax School Board (“FCSB”).”
Amelia Cnty. Sch. Bd. v. Virginia Bd. of Educ., 661 F. Supp. 889 (E.D. Va. 1987).
· cites it 3× “The Commonwealth of Virginia, via Va.Code §§ 22.1-213 et seq., has developed policies, plans, and procedures to comply with the dictates of the EAHCA.”
Beasley v. Sch. Bd. of Campbell Cnty., 367 S.E.2d 738 (Va. Ct. App. 1988).
· cites it 2× “This case arises under the Virginia special education statutes, Code §§ 22.1-213 to 22.1-221, and the federal Education of the Handicapped Act, 20 U.”
Combs ex rel. Combs v. Sch. Bd., 15 F.3d 357 (4th Cir. 1994).
· cites it 2× “Shortly after he was born to Teresa Wine Combs, Jeffory Combs suffered seizures which resulted in brain damage, 4 leaving him handicapped within the meaning of the IDEA.”
— Va. Code Ann. § 22.1-213(1) — 2 cases
Martin v. Sch. Bd. of Prince George Cnty., 348 S.E.2d 857 (Va. Ct. App. 1986).
“§§1400-1420 (1982), and the Virginia special education statute, Code §§ 22.1-213 to 22.1-221. To receive federal funds for its special education programs the Commonwealth must have in effect “a policy that assures all handicapped children the right to a free appropriate public…”
— Va. Code Ann. § 22.1-213(2) — 2 cases
Sch. Bd. of Campbell Cnty. v. Beasley, 380 S.E.2d 884 (Va. 1989).
“Code §§ 22.1-213 to -221. As pertinent to this case, the Virginia statutes provide that the State Board of Education shall prepare and supervise the implementation by each school division of a program of special education “designed to educate and train handicapped children.”
Martin v. Sch. Bd. of Prince George Cnty., 348 S.E.2d 857 (Va. Ct. App. 1986).
“§§1400-1420 (1982), and the Virginia special education statute, Code §§ 22.1-213 to 22.1-221. To receive federal funds for its special education programs the Commonwealth must have in effect “a policy that assures all handicapped children the right to a free appropriate public…”
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