Virginia Law

A. There is established a state pool of funds to be allocated to community policy and management teams in accordance with the appropriation act and appropriate state regulations. These funds shall be expended for the provision of public or private nonresidential or residential services for troubled youth and families. However, funds for private special education services shall only be expended on private educational programs that are licensed by the Board of Education or an equivalent out-of-state licensing agency. Effective July 1, 2022, funds for private special education services shall only be expended on private educational programs that the Office of Children's Services certifies as having reported their tuition rates on a standard reporting template developed by the Office. The Office of Children's Services shall consult with private special education services providers in developing the standard reporting template for tuition rates.

The state pool shall:

1. Place authority for making program and funding decisions at the community level;

Provide flexibility in the use of funds to purchase services based on the strengths and needs of children, youth, and families; and

3. Reduce disparity in accessing services and inadvertent fiscal incentives for serving children and youth according to differing required local match rates for funding streams.

B. The state pool shall consist of funds that serve the following target populations:

1. Children and youth placed for purposes of special education in approved private school educational programs;

2. Children and youth with disabilities placed by local social services agencies or the Department of Juvenile Justice in private residential facilities or across jurisdictional lines in private special education day schools, if the individualized education program indicates such school is the appropriate placement while living in foster homes or child-caring facilities;

3. Children and youth for whom foster care services, as defined by § 63.2-905, are being provided;

4. Children and youth who are determined, by either a juvenile and domestic relations district court or a family assessment and planning team, to be a child in need of services as defined in § 16.1-228 and requiring (i) community-based services to prevent or eliminate the need for an out-of-home placement or (ii) placement outside of the home through an agreement between the public agency designated by the community policy and management team and the parents or legal guardians who retain legal custody of the child or youth;

5. Children and youth placed by a juvenile and domestic relations district court, in accordance with the provisions of § 16.1-286, in a private or locally operated public facility or nonresidential program, or in a community or facility-based treatment program in accordance with the provisions of subsection B or C of § 16.1-284.1;

6. Children and youth committed to the Department of Juvenile Justice and placed by it in a private home or in a public or private facility in accordance with § 66-14; and

7. Children and youth previously placed pursuant to subdivision 1 in approved private school educational programs for at least six months who will receive transitional services in a public school setting. State pool funds for transitional services shall be allocated for no longer than 12 months. Local agencies may contract with a private school education program provider to provide transitional services in the public school.

C. The General Assembly and the governing body of each county and city shall annually appropriate such sums of money as shall be sufficient to (i) provide special education services and foster care services for children and youth identified in subdivisions B 1 through 4 and 6 and 7 and (ii) meet relevant federal mandates for the provision of these services. The community policy and management team shall anticipate to the best of its ability the number of children and youth for whom such services will be required. Nothing in this section shall prohibit local governments from requiring parental or legal financial contributions, where not specifically prohibited by federal or state law or regulation, utilizing a standard sliding fee scale based upon ability to pay, as provided in the appropriation act.

D. Referral of a child and family to a family assessment and planning team, recommendation by that team of the proper level of treatment and services needed for the child and family, and determination by the team of the child's eligibility for funding for services through the state pool of funds shall satisfy the fiscal responsibility of the community services board, local school division, local department of social services, court service unit, or Department of Juvenile Justice with regard to services funded through the pool. However, the community services board, local school division, local department of social services, court service unit, or Department of Juvenile Justice shall continue to be responsible for providing services identified in an individual family service plan that are within the agency's scope of responsibility and funded separately from the state pool.

In any instance that local department of social services places an individual who is (i) 18 through 21 years of age, inclusive; (ii) eligible for funding from the state pool; and (iii) properly defined as a school-age child with disabilities pursuant to § 22.1-213 across jurisdictional lines in an approved foster care placement in the Commonwealth and the individual's individualized education program (IEP), as prepared by the local educational authority in the jurisdiction where the individual resides, indicates that a private day school placement is the appropriate educational program for such individual, the financial and legal responsibility for the individual's special education services and IEP shall remain with the placing jurisdiction until the individual reaches the age of 21, inclusive, or is no longer eligible for special education services, in compliance with the provisions of federal law, Article 2 (§ 22.1-213 et seq.) of Chapter 13 of Title 22.1, and Board of Education regulations.

E. In any matter properly before a court for which state pool funds are to be accessed, the court shall, prior to final disposition, and pursuant to §§ 2.2-5209 and 2.2-5212, refer the matter to the community policy and management team for assessment by a local family assessment and planning team authorized by policies of the community policy and management team for assessment to determine the recommended level of treatment and services needed by the child and family. The family assessment and planning team making the assessment shall make a report of the case or forward a copy of the individual family services plan to the court within 30 days of the court's written referral to the community policy and management team. The court shall consider the recommendations of the family assessment and planning team and the community policy and management team. If, prior to a final disposition by the court, the court requests a level of service not identified or recommended in the report submitted by the family assessment and planning team, the court shall ask the community policy and management team to submit a second report characterizing comparable levels of service to the requested level of service. Notwithstanding the provisions of this subsection, the court may make any disposition as is authorized or required by law. Services ordered pursuant to a disposition rendered by the court pursuant to this section shall qualify for funding as appropriated under this section.

F. As used in this section, "transitional services" includes services delivered in a public school setting directly to students with significant disabilities or intensive support needs to facilitate their transition back to public school after having been served in a private special education day school or residential facility for at least six months. "Transitional services" includes one-on-one aides, speech therapy, occupational therapy, behavioral health services, counseling, applied behavior analysis, specially designed instruction delivered directly to the student, or other services needed to facilitate such transition that are delivered directly to the student in their public school over the 12-month period as identified in the child's individualized education program.

1992, cc. 837, 880, § 2.1-757; 1993, c. 567; 1994, cc. 854, 865; 1998, c. 534; 1999, c. 669; 2000, c. 914; 2001, c. 844; 2004, cc. 286, 631; 2009, c. 304; 2013, c. 5; 2021, Sp. Sess. I, cc. 70, 71; 2025, c. 503.