Administrative Code

Virginia Administrative Code
1/25/2022

Part VI. Compliance with § 504 of the Rehabilitation Act of 1973, As Amended

8VAC20-81-330. Compliance with § 504 of the Rehabilitation Act of 1973, as amended.

A. Each state-operated program providing educational services to persons of school age and the Virginia School for the Deaf and the Blind at Staunton shall provide a free appropriate public education to each qualified person with a disability of school age and provide procedural safeguards in accordance with the Virginia Department of Education's 504 plan. (34 CFR 104.33)

B. Local educational agencies are required to adopt grievance procedures that incorporate appropriate due process standards and that provide for the prompt and equitable resolution of complaints. In meeting the due process portion of this requirement, local educational agencies may utilize the due process hearing system specified in 8VAC20-81-210 to resolve disputes regarding the identification, evaluation, or educational placement of qualified persons who have a disability. If this procedure is selected, the local school system is responsible for 100 percent of the reimbursement costs to the special education hearing officer and any other costs incurred and requested by the special education hearing officer or school division. The Virginia Department of Education trains special education hearing officers on 504 requirements. (34 CFR 104.7 and 34 CFR 104.36)

Statutory Authority

§§ 22.1-16 and 22.1-214 of the Code of Virginia; 20 USC § 1400 et seq.; 34 CFR Part 300.

Historical Notes

Derived from Virginia Register Volume 25, Issue 21, eff. July 7, 2009.

8VAC20-81-340. Special education caseload staffing requirements.

Figure 1: Local school division caseload maximums as funded by the Virginia Appropriation Act.

Disability Category

Level II

Level I

With Paraprofessional 100% of the time

Without Paraprofessional 100% of the Time

Autism

8

6

24

Deaf-blindness

8

6

Developmental Delay: age 5-6

10

8

Developmental Delay: age 2-5

8 Center-based
10 Combined

12 Home-based and/or Itinerant

Emotional Disability

10

8

24

Hearing Impairment/Deaf

10

8

24

Intellectual Disability

10

8

24

Learning Disability

10

8

24

Multiple Disabilities

8

6

Orthopedic Impairment

10

8

24

Other Health Impairment

10

8

24

Speech or Language Impairment

NA

NA

68
(Itinerant)

Traumatic Brain Injury

May be placed in any program, according to the IEP.

Combined group of students needing Level I services with students needing Level II services

20 Points (see Figure 2)

Figure 2: Values for students receiving Level I services when combined with students receiving Level II services.

Disability Category

Level II Values

Level I

With Paraprofessional 100% of the time

Without Paraprofessional 100% of the time

Values

Autism

2.5

3.3

1

Deaf-blindness

2.5

3.3

1

Developmental Delay: age 5-6

2.0

2.5

1

Emotional Disability

2.0

2.5

1

Hearing Impairment/Deaf

2.0

2.5

1

Intellectual Disability

2.0

2.5

1

Learning Disability

2.0

2.5

1

Multiple Disabilities

2.5

3.3

1

Orthopedic Impairment

2.0

2.5

1

Other Health Impairment

2.0

2.5

1

Traumatic Brain Injury

2.0

2.5

1

Statutory Authority

§§ 22.1-16 and 22.1-214 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 25, Issue 21, eff. July 7, 2009; Errata, 26:4 VA.R. 447-448 October 26, 2009; amended, Virginia Register Volume 26, Issue 8, eff. January 25, 2010.

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