P.O. BOX 2120



April 25, 2008



Division Superintendents



Billy K. Cannaday, Jr.

Superintendent of Public Instruction



Transmittal of Statement of Administrative Impact and Projected Costs of Implementation for the Promulgation of the Proposed Regulations Governing Special Education Programs for Children with Disabilities in Virginia


As part of its responsibility for promulgating new regulations or revisions to existing regulations, the Board of Education is required to develop a statement of the economic impact and projected cost to school divisions of implementing and complying with such regulations. The Board and the Department of Education (VDOE) are required to send a copy of the statement to each division superintendent.


The Code of Virginia, at 22.1-214, requires the Board of Education to prepare and supervise the implementation by each school division of a program of special education designed to educate and train children with disabilities between the ages of two and twenty-one, inclusive. The Code of Virginia, at 22.1-16, authorizes the Board of Education to promulgate such regulations as may be necessary to carry out its powers and duties.


The current regulations, which became effective March 27, 2002, must be revised to comply with the Individuals with Disabilities Education Improvement Act of 2004 (IDEA 2004), and with its federal implementing regulations, at 34 C.F.R. Part 300, effective October 13, 2006. Alignment with these federal mandates is required to ensure Virginia's continued eligibility for federal special education funding, which will total $273.1 million in 2007-2008. Additional revisions are necessary to ensure consistency with other applicable laws and regulations, and to clarify existing areas of ambiguity. Due to the comprehensive nature of the revisions, the current regulations will be repealed, and new regulations will be promulgated by the Board of Education. The full text of the proposed regulations may be accessed at the following website:


Administrative Impact and Projected Cost of Implementation


The Economic Impact Analysis from the Virginia Department of Planning and Budget is attached.


Submission of Public Comments


The proposed revisions to the Regulations Governing Special Education Programs for Children with Disabilities in Virginia will be published in the Virginia Register of Regulations on April 28, 2008, beginning the 60-day public comment period. Written public comments may be submitted by e-mail to, by fax at (804) 786-8520, during one of the public hearings, or by mail at the following address:


Special Education Regulations Revision Process

Office of Dispute Resolution & Administrative Services

Department of Education

P.O. Box 2120

Richmond, Virginia 23218-2120


Nine public hearings will be held, with each scheduled from 6:30 p.m. to 9:30 p.m., as follows:


May 12, 2008

Halifax Co. High School

310 High School Circle

South Boston, VA 24592

(434) 572-4977


May 13, 2008

Abingdon High School

705 Thompson Drive
Abingdon, VA 24210

(276) 739-3200



May 14, 2008

Hidden Valley High School

5000 Titan Trail

Roanoke, VA 24018

(540) 776-7320


May 15, 2008

Freedom High School

25450 Riding Center Drive

South Riding, VA 20152

(703) 957-4300



May 27, 2008

Clover Hill High School

13900 Hull Street Road

Midlothian, VA 23112

(804) 739-6230


May 28, 2008

Norview High School

6501 Chesapeake Blvd.

Norfolk, VA 23513

(757) 852-4500


June 2, 2008

Oakton High School

2900 Sutton Road

Vienna, VA 22181

(703) 319-2700


June 3, 2008

Essex High School

833 High School Circle

Tappahannock, VA 22560

(804) 443-4301

June 4, 2008

Martin Luther King, Jr. Performing Arts Center

1400 Melbourne Road

Charlottesville, VA 22901




Registration for individuals seeking to provide oral public comment will begin at 6:00 p.m. Speakers are urged to provide written copies of their comments. Additional information regarding the regulations revision process, the public hearings, and the submission of public comments is available online at


Following the conclusion of the public comment period, a summary of the public comments will be developed and copies will be provided to each individual who submits public comment. It is anticipated that the Board of Education will review final recommendations regarding these regulations and their adoption in fall 2008.


If you have any questions, please contact Melissa C. P. Smith,, coordinator of administrative services, at (804) 371-0524, Dr. Suzanne Creasey,, administrative services specialist, at (804) 225-2923, or Dr. Judy Douglas,, director, Office of Dispute Resolution and Administrative Services, at (804) 225-2771.






a. Economic Impact Analysis (PDF)