Frequently Asked Questions

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Regulations Governing Special Education Programs for Children with Disabilities in Virginia

Generally, the answers to the questions in these Frequently Asked Questions (FAQ) are not simply a restatement of the statutory or regulatory requirements. While not legally binding, the responses generally are informal guidance representing the interpretation of the Virginia Department of Education of the applicable statutory and/or regulatory requirements in the context of the specific question presented. We recognize that specific facts in a given case may alter the application of a given regulation. The FAQs in this document are not intended to replace a careful study of the Individuals with Disabilities Education Act (IDEA), its implementing regulations, or Virginia’s special education regulations, or to provide legal advice. For legal advice, consumers must review individual situations with their respective legal counsel.

Inquiries related to these FAQs should be addressed to the secretary in the Office of Dispute Resolution and Administrative Services. Text users dial 711 for Relay service. Recommendations or requests for future FAQs should be addressed to

FAQ Topics:

  • 001-10 Education Records
  • 002-10 Post-Secondary Evaluations
  • 003-10 Revocation of Parent Consent
  • 004-10 Discipline Services During Long-term Removal
  • 005-10 Individualized Education Program (IEP) Progress Reports
  • 006-10 Teacher on the Local Advisory Committee (LAC)
  • 007-10 Students Who Transfer
  • 008-10 Age of Eligibility
  • 009-10 Consent when Parents Disagree
  • 010-10 Independent Educational Evaluations (IEEs) for Students who Transfer
  • 011-10 Participation in Testing
  • 012-10 IEP Team Composition for Students Placed in Private Schools
  • 013-10 Private Pre-schools
  • 014-11 Parental Placement of a Student with a Disability in a Residential Facility
  • 016-11 Partial Parental Consent to IEP
  • 017-11 IEP Content: Frequency and Duration
  • 018-11 Hearing Officer Determination of Services During Disciplinary Removal
  • 019-11 Parental Placement of a Student with a Disability in a Private Day School
  • 020-11 IEP Amendment without a Meeting – Providing Meeting Notice
  • 021-12 IEP: Annual Review Date
  • 022-12 Enrollment as a Pre-Requisite to an IEP Meeting
  • 023-12 Discipline – Summer School
  • 024-12 Orientation and Mobility (O&M) Services
  • 025-12 School Division Closures and Obligation for Services
  • 026-12 Private Pre-schools – Child Find
  • 027-12 IEP Team Composition:  Manifestation Determination Review Meetings and Resolution Sessions
  • 028-12 Eligibility – Visual Impairment
  • 029-12 Age of Eligibility
  • 030-12 Incarcerated Students with Disabilities in Federal Prisons: LEA Responsibilities for FAPE
  • 031-12 Child Find Responsibilities for Incarcerated Students
  • 032-12 IEP: Transfer Student and Extended School Year Services
  • 033-12 Secondary Transition: Consent for Inviting Participating Agency Representatives
  • 034-12 IEP – Services to Parents