Code of Virginia

Creating a Report: Check the sections you'd like to appear in the report, then use the "Create Report" button at the bottom of the page to generate your report. Once the report is generated you'll then have the option to download it as a pdf, print or email the report.

Code of Virginia
Title 22.1. Education
Chapter 16. Schools for Students with Disabilities
5/29/2022

Chapter 16. Schools for Students with Disabilities.

§ 22.1-319. Definitions.

As used in this chapter unless the context requires a different meaning:

"Board" means the Virginia Board of Education.

"Department" means the Department of Education.

"Person" means any individual, group of individuals, partnership, association, business trust, corporation, or other business entity.

"School for students with disabilities" or "school" or "schools" means a privately owned and operated preschool, school, or educational organization, no matter how titled, maintained or conducting classes for the purpose of offering instruction for a consideration, profit, or tuition to persons determined to have autism, deaf-blindness, a developmental delay, hearing loss including deafness, intellectual disability, multiple disabilities, an orthopedic impairment, other health impairment, an emotional disturbance, a severe disability, a specific learning disability, a speech or language impairment, a traumatic brain injury, or a visual impairment including blindness.

"Superintendent" means the Superintendent of Public Instruction.

Code 1950, § 22-330.17; 1970, c. 665; 1972, c. 523; 1974, c. 303; 1977, c. 444; 1980, c. 559; 1988, c. 574; 1993, c. 351; 1996, cc. 691, 832; 2004, c. 991; 2012, cc. 476, 507; 2019, c. 288.

§ 22.1-320. Exemptions.

This chapter shall not apply to any of the following:

1. Any school that is licensed or approved pursuant to other statutes of the Commonwealth;

2. Any public or private high school accredited or recognized by the Board of Education that has offered or that may offer programs for students with disabilities covered in this chapter, if any tuition, fees and charges made by the school are collected in accordance with the regulations prescribed by the governing body of such school;

3. Tutorial instruction given in a private home or elsewhere as supplemental to regular classes for students enrolled in any public or private school or in preparation of an individual for an examination for professional practice or higher education; or

4. A program through which persons with disabilities are provided employment and training primarily in simple skills in a sheltered or protective environment.

Code 1950, § 22-330.18; 1970, c. 665; 1971, Ex. Sess., c. 198; 1972, c. 523; 1973, c. 435; 1980, c. 559; 1988, c. 574; 1993, c. 351; 1996, cc. 691, 832; 2004, c. 991.

§ 22.1-321. Regulations.

The Board of Education shall make regulations not inconsistent with law for the management and conduct of schools. The regulations may include standards for programs offered by the schools.

The Board may authorize the Superintendent to issue licenses to operate schools.

Code 1950, §§ 22-330.19, 22-330.20; 1970, c. 665; 1972, c. 523; 1976, c. 16; 1980, c. 559; 1988, c. 574; 2004, c. 991.

§ 22.1-321.1. Possession and administration of epinephrine.

By the beginning of the 2016 - 2017 school year, the Board shall promulgate regulations for the possession and administration of epinephrine in every school for students with disabilities, to be administered by any employee of the school who is authorized by a prescriber and trained in the administration of epinephrine to any student believed to be having an anaphylactic reaction.

2015, c. 387.

§ 22.1-322. Advisory committees.

The Board may appoint an advisory committee, to be composed of nine persons who shall serve for terms of two years each, the majority of whom shall be representative of the schools subject to regulation under this chapter and the balance of whom shall be representative of the public and shall have no connection with any school. No member of any advisory committee shall serve for more than two consecutive terms.

Code 1950, § 22-330.20; 1970, c. 665; 1976, c. 16; 1980, c. 559; 1988, c. 574; 1993, c. 351; 2004, c. 991.

§ 22.1-323. Licenses generally.

A. No person shall open, operate, or conduct any school for students with disabilities in the Commonwealth without a license to operate such school issued by the Board. A license shall be issued for a school if it is in compliance with the regulations of the Board issued pursuant to this chapter, any fee for such license has been paid, and its facilities are approved by the Board after an inspection by the Department. No such license shall be transferable. The license shall be prominently displayed on the premises of the school in a place open for inspection by any interested person during the hours of operation.

B. Notwithstanding the provisions of § 22.1-19, the Board shall require, pursuant to regulation, any private school for students with disabilities that is licensed by the Board, as a condition for renewal of its initial license to operate, to obtain accreditation from an accrediting agency recognized by the Virginia Council for Private Education within three years of the issuance of its initial triennial license by the Board.

C. Any license issued to a residential school for students with disabilities, except a provisional or conditional license issued pursuant to § 22.1-323.1, may, upon written notification to the school, expire on a date subsequent to its stated expiration date and determined at the discretion of the Board, but in no case later than three years from the effective date. Licenses issued to residential schools for students with disabilities which are effective on or after July 1, 1992, may be issued for periods of up to three successive years. Licenses may be issued to private day special education schools for periods of up to three successive years.

D. The Superintendent or his authorized agents may make unannounced inspections of each school for students with disabilities each year.

Code 1950, § 22-330.21; 1970, c. 665; 1972, c. 523; 1980, c. 559; 1992, c. 666; 1994, c. 258; 2004, c. 991; 2021, Sp. Sess. I, c. 172.

§ 22.1-323.1. Provisional and conditional licenses.

Upon completion of the investigation for renewal of a license or certificate, the Board may issue a provisional license or certificate to any residential school for students with disabilities if the school is temporarily unable to comply with all of the requirements of this chapter. A provisional license or certificate may be renewed, but the issuance of a provisional license or certificate and any renewal thereof shall be for no longer a period than six successive months.

At the discretion of the Board, a conditional license or certificate may be issued to operate a new residential school for students with disabilities in order to permit the school to demonstrate compliance with all of the requirements of this chapter. A conditional license or certificate may be renewed, but the issuance of a conditional license or certificate and any renewals thereof shall be for no longer a period than six successive months.

1992, c. 666; 1994, c. 258.

§ 22.1-323.2. Licensure of services delivered in group homes and residential facilities for children.

A. The Department of Education shall cooperate with other state departments in fulfilling their respective licensing and certification responsibilities regarding educational programs offered in group homes and residential facilities in the Commonwealth. The Board shall promulgate regulations allowing the Department of Education to so assist and cooperate with other state departments.

B. The Board's regulations shall address the educational services required to be provided in such group homes and residential facilities as it may deem appropriate to ensure the education and safety of the students.

1992, c. 666; 2005, cc. 358, 471; 2006, c. 781; 2008, c. 873.

§ 22.1-324. Application for license; information required; student guaranty provisions.

A. To obtain a license to operate a school, an application, certified as true and correct, shall be filed with the Board upon forms prepared and furnished by it setting forth information deemed necessary by the Board.

B. Each school shall submit and maintain a guaranty instrument payable to the Commonwealth of Virginia and conditioned to protect the contractual rights of students and other contracting parties. The amount of such bond shall be established in the Board's regulations. The minimum guaranty instrument for any school shall be $1,000. The word "students" as used in this subsection means all enrolled students.

Code 1950, § 22-330.22; 1970, c. 665; 1977, c. 444; 1980, c. 559; 1988, c. 574; 1993, c. 351; 2004, c. 991.

§ 22.1-325. Application to contain certain commitments.

Each application for a license to operate a school shall contain the following commitments:

1. To conduct the school in accordance with all applicable regulations of the Board;

2. To permit the Board or Department to inspect the school or classes being conducted therein at any time and to make available to the Board or Department, when requested to do so, all information pertaining to the activities of the school required for the administration of this chapter, including its financial condition;

3. To advertise the school at all times in a form and manner that will be free from misrepresentation, deception or fraud and to conform to regulations of the Board governing such advertising;

4. To see that all representations made by an agent of the school shall be free from misrepresentation, deception or fraud and shall conform to regulations of the Board governing such misrepresentations;

5. To display the current license prominently where it may be inspected by students, visitors and the Board or Department; and

6. To maintain all premises, equipment and facilities of the school in an adequate, safe and sanitary condition.

Code 1950, § 22-330.23; 1970, c. 665; 1977, c. 444; 1980, c. 559; 2004, c. 991.

§ 22.1-326. License restricted to specific disability categories; supplementary application.

A school may offer education programs serving the disability categories specifically indicated on its license only. A supplementary application for additional programs of instruction or disability categories may be submitted in such form as the Board may prescribe.

Code 1950, § 22-330.24; 1970, c. 665; 1980, c. 559; 1996, cc. 691, 832; 2004, c. 991.

§ 22.1-326.1. Repealed.

Repealed by Acts 2004, c. 991.

§ 22.1-327. Fees.

The Board may establish fees and the methods for collecting such fees for schools as it deems necessary to carry out the provisions of this chapter. All fees shall be nonrefundable.

Code 1950, § 22-330.25; 1970, c. 665; 1977, c. 444; 1980, c. 559; 1988, c. 574; 1993, c. 351.

§ 22.1-328. Renewal of licenses.

The license of each school that continues to operate as such shall be renewed on or before the anniversary date set by the Department. Every license that has not been renewed in accordance with these provisions shall expire and a new license shall be obtained from the Board before such school may continue to operate, for which an original application must be submitted. The application shall be accompanied by such information deemed necessary by the Board.

Code 1950, § 22-330.26; 1970, c. 665; 1977, c. 444; 1980, c. 559; 1992, c. 666; 1993, c. 351; 2004, c. 991.

§ 22.1-329. Denial, revocation or suspension of license; grounds; summary suspension under certain circumstances; penalty.

A. The Board may refuse to issue or renew a license or may revoke or suspend the license of any school issued pursuant to this chapter for the following causes:

1. Violation of any provision of this chapter or any regulation of the Board;

2. Furnishing false, misleading or incomplete information to the Board or Department or failure to furnish any information requested by the Board or Department;

3. Violation of any commitment made in an application for a license;

4. Presenting, either by the school or by any agent of the school, to prospective students information relating to the school which is false, misleading or fraudulent;

5. Failing to provide or maintain premises or equipment in a safe and sanitary condition as required by law;

6. Making any false promises through agents or by advertising or otherwise of a character likely to influence, persuade or induce enrollments;

7. Paying commission or valuable consideration to any person for any act of service performed in willful violation of this chapter;

8. Failing to maintain financial resources adequate for the satisfactory conduct of courses of instruction offered or to retain a sufficient or qualified instructional staff;

9. Demonstrating unworthiness or incompetency to conduct the school in a manner calculated to safeguard the interests of the public;

10. Failing within a reasonable time to provide information requested by the Board or Department as a result of a formal or informal complaint to or by the Board or Department which would indicate a violation of this chapter;

11. Attempting to use or employ any enrolled students in any commercial activity whereby the school receives any compensation whatsoever without reasonable remuneration to the student, except to the extent that employment of students in such activities is necessary or essential to their training and is permitted and authorized by the Board; or

12. Engaging in or authorizing any other conduct whether of the same or of a different character from that herein specified which constitutes fraudulent or dishonest dealings.

The provisions of the Administrative Process Act (§ 2.2-4000 et seq.) shall be applicable to proceedings under this subsection.

B. Pursuant to the procedures set forth in subsection C and in addition to the authority for other disciplinary actions provided in this chapter, the Superintendent of Public Instruction may issue a summary order of suspension of the license of a residential or day school for students with disabilities, in conjunction with any proceeding for revocation, denial, or other action, when conditions or practices exist in the school that pose an immediate and substantial threat to the health, safety, and welfare of the students who are residing or attending the school and the Superintendent of Public Instruction believes the operation of the school should be suspended during the pendency of such proceeding.

C. The summary order of suspension shall take effect upon its issuance and shall be served on the licensee or its designee as soon as practicable thereafter by personal service and certified mail, return receipt requested, to the address of record of the licensee. The order shall state the time, date, and location of a hearing to determine whether the suspension is appropriate. Such hearing shall be held no later than three business days after the issuance of the summary order of suspension and shall be convened by the Superintendent of Public Instruction or his designee.

After such hearing, the Superintendent of Public Instruction may issue a final order of summary suspension or may find that such summary suspension is not warranted by the facts and circumstances presented. A final order of summary suspension shall include notice that the licensee may appeal the Superintendent of Public Instruction's decision to the appropriate circuit court no later than 10 days following issuance of the order. The sole issue before the court shall be whether the Superintendent of Public Instruction had reasonable grounds to require the licensee to cease operations during the pendency of the concurrent revocation, denial, or other proceeding. The concurrent revocation, denial, or other proceeding shall not be affected by the outcome of any hearing on the appropriateness of the summary suspension.

The willful and material failure to comply with the summary order of suspension or final order of summary suspension shall be punishable as a Class 2 misdemeanor. The Superintendent of Public Instruction may require the cooperation of any other agency or subdivision of the Commonwealth in the relocation of students who are residents of a home or facility whose license has been summarily suspended pursuant to this section and in any other actions necessary to reduce the risk of further harm to students.

Code 1950, § 22-330.27; 1970, c. 665; 1977, c. 444; 1980, c. 559; 1988, c. 574; 1996, cc. 691, 832; 2004, c. 991; 2006, c. 168.

§ 22.1-330. Same; investigation; time within which to correct unsatisfactory conditions.

The Board or Department may, upon its own motion, and shall, upon the verified complaint in writing of any person setting forth facts which, if proved, would constitute grounds for refusal, suspension or revocation of a license, investigate the actions of any applicant for or any person or persons holding or claiming to hold a license to operate a school.

Before refusing to renew, revoking or suspending any license, the Board may grant such period of time as it deems reasonable to correct any unsatisfactory condition.

Code 1950, § 22-330.28; 1970, c. 665; 1977, c. 444; 1980, c. 559; 2004, c. 991.

§ 22.1-331. Violations.

Any person who opens, operates or conducts any school without a license required by this chapter shall be guilty of a Class 2 misdemeanor. Each day such person permits the school to be open and operate without such a license shall constitute a separate offense.

Code 1950, § 22-330.31; 1970, c. 665; 1980, c. 559; 2004, c. 991.

§ 22.1-332. List of schools holding valid licenses.

The Department shall maintain a list of schools holding valid licenses under the provisions of this chapter that shall be available for the information of the public.

Code 1950, § 22-330.32; 1970, c. 665; 1980, c. 559; 1988, c. 574; 2004, c. 991.

§ 22.1-333. Repealed.

Repealed by Acts 2004, c. 991.