2006 Code of Virginia § 22.1-215 - School divisions to provide special education; plan to be submitted to Board

22.1-215. School divisions to provide special education; plan to besubmitted to Board.

Each school division shall provide free and appropriate education, includingspecial education, for the children with disabilities residing within itsjurisdiction in accordance with regulations of the Board of Education.

For the purposes of this section, "children with disabilities, residingwithin its jurisdiction" shall include: (i) those individuals of school ageidentified as appropriate to be placed in public school programs, who areresiding in a state institution operated by the Department of Mental Health,Mental Retardation and Substance Abuse Services located within the schooldivision, or (ii) those individuals of school age who are Virginia residentsand are placed and living in a foster care home or child-caring institutionor group home located within the school division and licensed under theprovisions of Chapter 17 ( 63.2-1700 et seq.) of Title 63.2 as a result ofbeing in the custody of a local department of social services or welfare orbeing privately placed, not solely for school purposes.

The Board of Education shall promulgate regulations to identify thosechildren placed within facilities operated by the Department of MentalHealth, Mental Retardation and Substance Abuse Services who are eligible tobe appropriately placed in public school programs.

The cost of the education provided to children residing in the stateinstitutions, who are appropriate to place within the public schools, shallremain the responsibility of the Department of Mental Health, MentalRetardation and Substance Abuse Services. The cost of the education providedto children who are not residents of the Commonwealth and are placed andliving in a foster care home or child-caring institution or group homelocated within the school division and licensed under the provisions ofChapter 17 ( 63.2-1700 et seq.) of Title 63.2 shall be billed to the sendingagency or person by the school division as provided in subsection C of 22.1-5. No school division shall refuse to educate any such child or chargetuition to any such child.

Each school division shall submit to the Board of Education in accordancewith the schedule and by the date specified by the Board, a plan acceptableto the Board for such education for the period following and a reportindicating the extent to which the plan required by law for the precedingperiod has been implemented. However, the schedule specified by the Boardshall not require plans to be submitted more often than annually unlesschanges to the plan are required by federal or state law or regulation.

(Code 1950, 22-10.5; 1974, c. 480; 1978, c. 386; 1980, c. 559; 1985, c.158; 1988, c. 101; 1994, c. 854; 1996, cc. 583, 594.)