SB 678 — Special ed. and related services; rights, etc., relating to education of children with disabilities.

DRAFT OFFERED FOR CONSIDERATION 2/05/2026 "Universal design" means a concept or philosophy for designing and delivering products or services that SB678 4 of 40 are usable by people and that have the widest possible range of functional activities, including products and services that are directly accessible and products and services that require and are interoperable with assistive technology devices.

"Vision"Visually impaired" means the same as that term is defined by the Board and the Virginia Department for the Blind and Vision Impaired.

§ 22.1-213.1:1.

Construction and applicability of article.

A.

The provisions of this article shall be liberally construed to effectuate the purposes and provisions thereof, consistent with the IDEA and its implementing regulations.

The enumeration or express inclusion of any particular object, purpose, power, authority, or duty shall not be construed to exclude, limit, or restrict any like or similar object, purpose, power, authority, or duty set forth in applicable federal or state law or regulation.

Nothing in this article shall be construed to:

1.

Modify, limit, impair, abridge, or preclude the applicability or operation of the IDEA and its implementing regulations;

2.

Modify, limit, supersede, abridge, or preclude any authority, power, duty, or function of the Board, the Department, or any school board in accordance with the IDEA or its implementing regulations or any other applicable federal or state law or regulation;

or 3.

Limit, supersede, abridge, preclude, or invalidate the authority of the Board to adopt, amend, repeal, or maintain, any regulations as necessary to implement, enforce, and effectuate the provisions and purposes of the IDEA and its implementing regulations or any other federal or state law.

Any regulations established by the Board under the IDEA and its implementing regulations or any other federal or state law shall remain in full force and effect until revised or revoked by the Board.

B.

Nothing in this article shall be construed to restrict or limit the rights, procedures, and remedies available under the United States Constitution, the Americans with Disabilities Act of 1990 (42 U.S.C.

§ 12101 et seq.), Title V of the Rehabilitation Act of 1973 (29 U.S.C.

§ 790 et seq.), or any other federal law protecting the rights of children with a disability, except that prior to the filing of a civil action under such laws seeking relief that is also available under the IDEA, the due process procedures described in subsections C, D, and E shall be exhausted to the same extent as would be required had the action been brought under the IDEA.

DRAFT OFFERED FOR CONSIDERATION 2/05/2026 For the purposes of preparing children with disabilities for postsecondary education, employment, and independent living, the DepartmentDepartment, in accordance with the Board's regulations, shall:

ProvideConsistent a free appropriate public education to each child with a disability residing in the Commonwealth, including any child with a disability who has been suspended or expelled from school, except as otherwise provided in 20 U.S.C.

§ 1412(a)(1) of the IDEA and its implementing regulations, provide a free appropriate public education to each child with a disability residing in the Commonwealth, including any child with a disability who has been suspended or expelled from school, except as otherwise provided in 20 U.S.C.

EnsureConsistent that (i) each child with a20 disabilityU.S.C. residing in the Commonwealth, including any child with a disability who is a homeless child or ward of the state or attending a private school, regardless of the severity of his disabilities, who is in need of special education and related services, is identified, located, and evaluated and (ii) a practical method is developed and implemented to determine which children with disabilities are currently receiving needed special education and related services;

§ 1412(a)(3) of the IDEA and its implementing regulations, (i) that each child with a disability residing in the Commonwealth, including any child with a disability who is a homeless child or ward of the state or attending a private school, regardless of the severity of his disabilities, who is in need of special education and related services, is identified, located, and evaluated;

and (ii) that a practical method is developed and implemented to determine which children with disabilities are currently receiving needed special education and related services;

Ensure that for each child with a disability, an individualized education program is developed, reviewed, revised, and implemented in accordance with the Board's regulations and consistent with § 22.1-215.4;

Provide each child with a disability residing in the Commonwealth an education in the least restrictive environmentenvironment, byconsistent ensuringwith that:20 U.S.C.

§ 1414(a)(5) of the IDEA and its implementing regulations, including by ensuring that:

Ensure that:that, consistent with the IDEA and its implementing regulations:

Each child with a disability and his parents are afforded the procedural safeguards required by 20the U.S.C.Board's regulations, consistent with the provisions of § 22.1-215.5;

§ 1415 of the IDEA and set forth in § 22.1-215.5;

Such DRAFT OFFERED FOR CONSIDERATION 2/05/2026 materials or procedures shall be provided and administered in the child's native language or mode of communication, unless it clearly is not feasible to do so, and no single procedure shall be used as the sole criterion for determining an appropriate educational program for a child;

Ensure that each child with a disability is evaluated inconsistent accordance with the IDEA and its implementing regulations and § 22.1-215.1;

Comply with and ensure that each local educational agency complies with 20the U.S.C.Board's regulations relating to the confidentiality of records and information, consistent with the IDEA and its implementing regulations;

§ 1417(c) of the IDEA, relating to the confidentiality of records and information;

Ensure thatthat, consistent with the IDEA and its implementing regulations, (i) the requirements of this article and the IDEA and its implementing regulations are met;

(ii) educational programs for children with disabilities in the Commonwealth, including any such programs administered by any other agency of the Commonwealth, (a) are under the general supervision of individuals in the Commonwealth who are responsible for educational programs for children with disabilities and (b) meet the educational standards of the Department;Department and any applicable requirements set forth in the Board's regulations;

and (iii) in carrying out the provisions of the IDEA and this article with respect to homeless children, the requirements of Subtitle B of Title VII of the McKinney-Vento Homeless Assistance Act (42 U.S.C.

EstablishConsistent and maintain qualifications to ensure that personnel necessary to carry out the IDEA and this article are appropriately and adequately prepared and trained and have the content knowledge and skills to serve children with disabilities,20 including:U.S.C.

§ 1412(a)(14) of the IDEA and its implementing regulations, establish and maintain qualifications to ensure that personnel necessary to carry out the IDEA and this article are appropriately and adequately prepared and trained and have the content knowledge and skills to serve children with disabilities, including:

Qualifications for related services personnel and paraprofessionals that (i) are consistent with any Board-approved or recognized certification, licensing, registration, or other comparable requirements that apply to the professional discipline in which such personnel are providing special education and related DRAFT OFFERED FOR CONSIDERATION 2/05/2026 services;

(ii) ensure that related services personnel who deliver services in their discipline or profession meet of 40 the requirements of this subdivision and have not had any certification or licensure requirements waived on an emergency, temporary, or provisional basis;

and (iii) allow paraprofessionals and assistants who are appropriately trained and supervised, in accordance with applicable state law, regulation, or written policy, and who meet the requirements of this article and applicable federal law, to assist in the provision of Npecialspecial education and related services to children with disabilities;

Qualifications for special education teachers employed in the Commonwealth to teach elementary orTor secondary school that ensure each special education teacher (i) has, consistent with Board regulations fRrfor special education teacher licensure and certification, (a) obtained full certification as a special educOtioneducation teacher, including through participation in an alternate route to certification as a special educator, provided that such alternate route meets the minimum requirements set forth in applicable federal regulation, or Db)(b) passed the special education teacher licensing examination approved by the Board;

(ii) holds a license tUto teach in the Commonwealth as a special education teacher, except in the case of any teacher teaching in a public charter school, who shall meet the requirements set forth in applicable state law relating to pubCicpublic charter schools;

(iii) has not had any special education certification or licensure requirements waived Enon an emer12.emergency, temporary, or provisional basis, provided that any special education teacher who meets the applicable teacher qualifications and licensure requirements, including the requirements for provisional licensure, prescribed by the Board shall be deemed in compliance with the provisions of this clause;

Establish:ry, or provisional basis;

D12. a.

Establish:

a.

B 13.

Ensure that each child with a disability is included in all Standards of Learning assessments or6anyor any DRAFT OFFERED FOR CONSIDERATION 2/05/2026 other assessments administered as a part of a statewide or divisionwide assessment program pursuant to 8 § 22.1-253.13:3, with appropriate accommodations and alternate assessments where necessary and as indicated in the child's IEP.

For the participation of children with disabilities in alternate assessments for any such child who cannot participate in any regular statewide or divisionwide assessment with accommodations as indicated in academichis contentIEP. standards established under 20 U.S.C.

§Such 6311(b)(1)guidelines ofshall ESEAprovide andfor (ii)alternate ifassessments thethat Department(i) hassare adoptedaligned alternatewith achievementthe Department's academic content standards permittedestablished under 20 U.S.C.

§ 6311(b)(1) of ESEA and (ii) if the Department has adopted alternate achievement standards permitted under 20 U.S.C.

Use and ensure that each local educational agency uses, to the extent feasible, universal design principles in developing and administering any assessment pursuant to subdivision 12;13;

Establish and maintain a special education advisory committee or panel in accordance with the Board's regulations and consistent with 20 U.S.C.

§ 1412(a)(21) of the IDEA and its implementing regulations;

17.

17.DRAFT OFFERED FOR CONSIDERATION 2/05/2026 18.

18.19.

Have in effect policies and procedures designed to prevent the inappropriate overidentification or disproportionate representation by race and ethnicity of children with disabilities, including children with disa19.disabilities with a particular impairment, in accordance with the purposes of the IDEA and this article;

Prohibit any Department or local educational agency personnel from requiring a child to obtain a SB678 6 of 40 prescription for a substance covered by the Controlled Substances Act (21 U.S.C.

§ 801 et seq.) as a condition of attending school, receiving an evaluation under 20 U.S.C.

§ 1414(a) or (c) of the IDEA or this article, or receiving services under the IDEA or this article;

Prohibit any Department or local educational agency personnel from requiring a child to obtain a prescription for a substance covered by the Controlled Substances Act (21 U.S.C.

§ 801 et seq.) as a condition of attending school, receiving an evaluation under 20 U.S.C.

§ 1414(a) or (c) of the IDEA and this article, or receiving services under the IDEA and this article;

21.

and22. 21.

EnsureAdopt thatand eachmaintain localwritten educationalprocedures, agencypursuant compliesto the Board's regulations and consistent with applicable federal regulations, for (i) resolving any complaint, including a complaint filed by an organization or individual from another state that meets the provisionsapplicable requirements of thisstate articleand federal regulation, and the(ii) provisionswidely ofdisseminating theto IDEAparents and itsother implementinginterested regulations.individuals, including parent training and information centers, protection and advocacy agencies, independent living centers, and other appropriate entities, such state complaint procedures;

23.

Carry out the duties set forth in § 22.1-214.4;

and 24.

Ensure that each local educational agency complies with the Board's regulations, consistent with the provisions of this article and the IDEA and its implementing regulations.

Such policies and procedures for addressing instances of LEA noncompliance shall include a system of progressive sanctions and enforcement mechanisms that range in severity that shall apply to any LEA that remains in noncompliance for more than one school year, including an opportunity, after receipt by the LEA of notice of noncompliance, for such LEA to submit to the Board a corrective action plan DRAFT OFFERED FOR CONSIDERATION 2/05/2026 for the following school year, at the end of which the Board shall conduct a site visit of the schools under such LEA to ensure effective implementation of such corrective action plan.

The system of sanctions may also include, pursuant to subsection C of § 22.1-214, the withholding of all special education moneys to any school division that the Board, in its discretion, determines has failed to establish and maintain programs of free appropriate public education in accordance with this article and the regulations of the Board.Board, provided, however, that prior to making a final determination that an LEA is not eligible for assistance under the IDEA or otherwise relating to special education without first affording the LEA reasonable notice and an opportunity for a hearing.

The Board of Education shall,shall inadopt accordanceand withmaintain regulations as it deems necessary for effectuating the IDEApurposes and its implementing regulationsthe provisions of this article and consistentthe withIDEA thisand article,its promulgateimplementing regulations for,and prepare,prepare and supervise the implementation by each school division local educational agency of a program of special education designed to educate and train children with disabilities between the ages defined in § 22.1-213 and.and, consistent with this article and the IDEA and its implementing regulations.

The program developed by the Board of Education shall be designed to ensure that all children with disabilities have available to them a free and appropriate public education, including specially designed instruction to meet the unique needs of such children.

The Board of Education shall prescribe procedures establish procedural safeguards for children with disabilities and their parents, including the procedures set forth in accordance§§ 22.1-215.5 and 22.1-215.6 to afford due process to children each child with 20disabilities U.S.C.a disability and their parents or guardians his parents and to school divisions local educational agencies in resolving disputes as to program placements, individualized education programs, tuition eligibility, and other matters as defined in state or federal statutes law or regulations.

§These 1415 of the IDEA and §§ 22.1-215.5 and 22.1-215.6, including procedures toshall affordencourage duethe processuse toof childrenmediation eachas childan withinformal disabilitiesmeans aof disability and their parents or guardians his parents and to school divisions local educational agencies in resolving disputessuch asDRAFT toOFFERED programFOR placements,CONSIDERATION individualized2/05/2026 educationdisputes. programs, tuition eligibility, and other matters as defined in state or federal statutes law or regulations.

These procedures shall encourage the use of mediation as an informal means of resolving such disputes.

or (iii) to a prevailing party who is the Board of Education or a local school division against the attorney of a parent, or against the parent, if the parent's complaint or subsequent cause of action was presented for any improper purpose, such as to harass, to cause unnecessary delay, or to of 40 needlessly increase the cause of litigation.

N E.

Whenever the Board of Education, in its discretion, determines that a school division board fails to establish and maintain programs of free and appropriate public education that comply in accordance with this article and the regulations established by the Board, the Board may withhold all special education moneyRmoneys from the school division board and may use the payments that would have been available to such school O division board to provide special education, directly or by contract, to eligible children with disabilities in such manner as the Board considers appropriate.

D F.

The Board of Education shall supervise educational programs for children with disabilities by Utherother public agencies and shall ensure that the identification, evaluation, and placement of children with disabilities DRAFT OFFERED FOR CONSIDERATION 2/05/2026 and youth in education programs by other public agencies, as appropriate, are consistent with the provisConsprovisions of § 22.1-215.1 and the Board of Education's special education Board's regulations.

As used in this Esubsection, "supervise" means to provide active support in (i) designing mechanisms for maintaining constant direct contact and the sharing of ideas, approaches, and innovations between the Department of D Behavioral Health and Developmental Services and the facility staff responsible for providing educational services;

and (v) ensuring that the expertise of the Department is utilized through the provision of technical assistance to the education programs provided for or by tBethe Department of Behavioral Health and Developmental Services in the areas of selection and acquisition of 6 educational materials, curriculum development, including career and technical education, when appropriat8,appropriate, and applications for federal grants.

The Board of Education shall prescribe regulations to provide a range of assessment procedures for the evaluation of children with disabilitiesdisabilities, inconsistent accordance with subdivision 7 of § 22.1-213.2 and the IDEA and its implementing regulations.

development1. of individualized education programs (IEPs) for children with disabilities, consistent with the provisions of § 22.1-215.4, that incorporate specific examples of high-quality present level of performance descriptions, annual goals, and postsecondary transition sections.

Provide training and guidance documents to each local school divisions educational agency on the development of individualized education programs (IEPs) for children with disabilities, consistent with the provisions of § 22.1-215.4, that incorporate specific examples of high-quality present level of performance descriptions, annual goals, and postsecondary transition sections.

Develop a required training module for each individual who participates in an IEP meeting that comprehensively addresses and explains in detail (i) each IEP team member's respective role in the IEP DRAFT OFFERED FOR CONSIDERATION 2/05/2026 meeting, (ii) the IEP development process, and (iii) required components of IEPs, and (iv) additional components of effective IEPs.

Nothing in this section subdivision shall be construed to (i) direct the Department to make determinations regarding whether a particular IEP provides a free appropriate public education to any individual student or (ii) authorize the Department to override a parent's consent to proposed revisions to an individual student's IEP or otherwise deny a parent any of the procedural safeguards set forth in § 22.1-215.4 or 22.1-215.5 relatingor required pursuant to parentalthe notice,Board's consent,regulations SB678relating 8to ofparental 40notice, consent, or participation in matters relating to the development, modification, or implementation of an individual student's IEP or the provision of free appropriate public education to an individual student pursuant to the student's IEP.

At a minimum, DRAFT OFFERED FOR CONSIDERATION 2/05/2026 such plan shall articulate how the Department will reliably and comprehensively assess the compliance and quality of transition plans for children with disabilities on an ongoing basis and communicate findings to local school division staff and local school boards.

(i) Develop criteria for what constitutes "exceptional circumstances" that warrant extension of the 60- calendar day 60-calendar-day regulatory timeline for complaint investigations and include the criteria in its publicly available complaint resolution procedures, (ii) consistently track the Department's receipt of each sufficient complaint and its issuance of the respective letter of findings, and (iii) require staff to report at least quarterly to the Superintendent on the specific reasons for granting an extension due to "exceptional circumstances" and the amount of time it took to complete each investigation beyond the 60-calendar day 60- DRAFT OFFERED FOR CONSIDERATION 2/05/2026 calendar-day regulatory timeline.

The Department shall make the summary available in multiple languages on its website and as part of the Virginia IEP established pursuant of 40 to subdivision 11.

101-476) I performance indicators required pursuant to the IDEA and inconsistent accordance with subdivision 12 of N § 22.1-213.2.

R 11.

(Effective July 1, 2027) Develop, establish, review and update as necessary at least once every Oivefive years, and make available to each local school board an IEP writing, facilitation, tracking, and transfer system to be referred to as the Virginia IEP that includes, at a minimum, an IEP template component and a data D system component.

The Department shall ensure that such data system component allows for secure transferUtransfer of data from division student information systems to the Department.

The Department shall also develop and DRAFT OFFERED FOR CONSIDERATION 2/05/2026 make available to each local school board guidance on the utilization of the Virginia IEP and high-qualiCyhigh-quality professional development to support (i) the effective utilization of the Virginia IEP and (ii) the Eimplementation inclusiveof settings.nstructionalinstructional practices to support the provision of specially designed instruction in Dinclusive 12.settings.

12.

Each school division board shall provide a free and appropriate public education, including special educBtion,education, for (i) the children with disabilities residing within its jurisdiction and (ii) the children with disab6litiesdisabilities who do not reside within its jurisdiction but reside in the Commonwealth and are enrolled in a full-time vir8ualvirtual school program provided by the school division board, in accordance with regulations of the Board of Education.

A school division board that is required to provide a free and appropriate public education, including special education, for a nonresident student who is enrolled in its full-time virtual school program pursuant to this section shall be entitled to any federal and state funds applicable to the education of such student.

In the case of a student who is a resident of the Commonwealth but does not reside in the school division in which he is enrolled in a full-time virtual school program, the school board of the school division in which the student resides shall be released from the obligation to provide a free and appropriate public education, including special education, for such student.

(a) those individuals of school age (a) identified as appropriate to be placed in public school programs who are residing in a state facility operated by the Department of Behavioral Health and Developmental ServicesoServices located within the school division, or (b) those individuals of school age who are Virginia residents of the Commonwealth and are placed and living in a foster care home or child-caring institution or group home located within the school division and licensed under the provisions of Chapter 17 (§ 63.2-1700 et seq.) of DRAFT OFFERED FOR CONSIDERATION 2/05/2026 Title 63.2 as a result of being in the custody of a local department of social services or welfare or being privately placed, not solely for school purposes.

However, the schedule specified by the Board shall not require plans to be submitted more often than annually unless chanEachchanges localto schoolthe divisionplan shallare complete;required by federal or state law or regulation.

andteEach lawlocal orschool regulation.division shall complete;

SB678and 10 of 40 2.

ConsistentThe initial evaluation, reevaluation, eligibility determination, and placement of and provision of special education and related services to each child with a disability in the Commonwealth shall be conducted in accordance with the provisions of this section, consistent with the provisions of 20 U.S.C.

§ 1414(a)(1)1414 of the IDEA,IDEA the initial evaluation of any child suspected of having a disability to determine eligibility for special education and relatedits servicesimplementing shallregulations. be conducted in accordance with the following requirements:

B.

The initial evaluation of any child suspected of having a disability to determine eligibility for special DRAFT OFFERED FOR CONSIDERATION 2/05/2026 education and related services shall be conducted in accordance with the following requirements, consistent with 20 U.S.C.

§ 1414(a)(1) of the IDEA and its implementing regulations:

A child enrolls in a school served by the local educational agency after the relevant timeframe described in subdivision 3 a has begun and prior to the determination by the child's previous local educational agency as to whether such child is a child with a disability and if (i) the subsequent local educational agency is making sufficient progress to ensure a prompt completion of the evaluation and (ii) the parent and the subsequent educational agency agree to a specific time when the evaluation will be completed;

B.C.

ConsistentAny evaluations, eligibility determinations, and placements and the provision of special education and related services to children with 20disabilities U.S.C.under this section and the IDEA and its implementing regulations shall be subject to the following requirements relating to parental consent:

§ 1414(a)(1)(d) of the IDEA, each local educational agency shall ensure its procedures for evaluations, eligibility determinations, and placements of children with disabilities under this section meet the following requirements for parental consent:

Each local educational agency or other agency responsible for making a free appropriate public education available to a child with a disability shall (i) seek to obtain informed consent from the parent of DRAFT OFFERED FOR CONSIDERATION 2/05/2026 such child before providingthe initial provision of special education and related services to the child;

(ii) obtain parental consent before any revision of special education or related services provided pursuant to the child's IEP in accordance with subsection L of § 22.1-215.4;

and (iii) obtain parental consent before any partial or complete termination of eligibility for special education and related services, except as provided in subsection K;

If the parent of such child refuses to provide or fails to respond to a request to provide consent for an initial evaluation under subdivision 1, the local educational agency may pursue the initial evaluation of the child by utilizing the procedures described in 20§ U.S.C.22.1-215.5, except to the extent inconsistent with applicable state law;

§ 1415 of the IDEA and § 22.1-215.5, except to the extent inconsistent with applicable state law;

If the parent of such child refuses to provide or fails to respond to a request to provide consent to the initial provision of special education and related services under subdivision 2,3, the local educational agency shall not:

Provide special education and related services to the child by utilizing the procedures described in 20§ U.S.C.22.1-215.5;

§ 1415 of the IDEA and § 22.1-215.5;

The rights of the parent to make educational decisions have been subrogated by a judge in accordance with applicable state law and consent for an initial evaluation has been given by an individual appointed by of 40 the judge to represent the child;

and 7.

AnyEach otherlocal requirementseducational relatingagency shall seek to obtain written parental consent setfor forth(i) in the Board'sinitial regulationseligibility andDRAFT consistentOFFERED withFOR theCONSIDERATION IDEA2/05/2026 determination for a child pursuant to subsection G and its(ii) implementingany regulations.change in categorical identification in the child's disability;

I8. C.

TheEach screeninglocal ofeducational agency shall, with respect to a studentchild bywith a teacherdisability orwho specialisttransfers school divisions pursuant to determinesubsection appropriateG instructionalof straNegies§ for22.1-215.4, curriculumseek to obtain informed parental consent before the (i) adoption and implementation shallof notany besuch consideredchild's toIEP bethat anwas evaluationin foreffect eligibilityin forthe specialschool educationdivision andfrom relatedwhich services.he is transferring;

T(ii) D.development and implementation of a new IEP for such child;

Theor reevaluation(iii) the development and implementation of anyan interim IEP for such child withwhile aobtaining disabilityand shallreviewing besuch subjectinformation as necessary to thedevelop followinga requirements:new IEP;

Rand 1.9.

EachAny other requirements relating to parental consent set forth in the Board's regulations, consistent with the IDEA and its implementing regulations, including any parental consent requirements for other services and activities under this article and the IDEA, provided that the Board shall ensure that each local educational agency shallin the Commonwealth establishes and implements effective procedures to ensure that a reevaluationparent's ofrefusal eachto childconsent withdoes not result in a disabilityfailure isOto conductedprovide inthe accordancechild with subsectionsa Efree andappropriate Fpublic if:education.

D.

The screening of a student by a teacher or specialist to determine appropriate instructional strategies for curriculum implementation shall not be considered to be an evaluation for eligibility for special education and related services.

E.

Each child with a disability shall be reevaluated in accordance with the following requirements:

1.

Each local educational agency shall ensure that a reevaluation of each child with a disability is conducted in accordance with subsections F and G if:

The local educational agency determines that the educational or related service needs, including D improved academic achievement and functional performance, of the child warrant a reevaluation;

or U b.

A reevaluation shall occur (i) not more frequently than once a year, unless the parent and the loCallocal educational agency agree otherwise and (ii) at least once every three years, unless the parent and the lEcallocal educ3.educational agency agree that a reevaluation is unnecessary;

Each local educational agency shall obtain informed parental consent in accordance with subsectioD B prior to conducting any reevaluation of a child with a disability, except that such informed parental consent need not be obtained if the local educational agency can demonstrate that it took reasonable measures to obtain such parental consent and the3. child's parent failed to respond.

E.Each local educational agency shall obtain informed parental consent in accordance with subsection B prior to conducting any reevaluation of a child with a disability, except that such informed parental consent need not be obtained if the local educational agency can demonstrate that it took reasonable measures to obtain such parental consent and the child's parent failed to respond.

EachF. local educational agency, for the initial evaluation of a child suspected of having a disability and the reevaluation of a child with a disability, shall:

Each local educational agency, for the initial evaluation of a child suspected of having a disability and DRAFT OFFERED FOR CONSIDERATION 2/05/2026 the reevaluation of a child with a disability, shall:

Provide prior written notice, in accordance with subdivision B 3 of this section and subsection C of § 22.1-215.5, to the parents of a child with a disability that describes any evaluation procedures such local educational agency proposes to conduct;

Use a variety of assessment tools and strategies to gather relevant functional, developmental, anBand academic information, including information provided by the parent, that may assist in determining:

6 (1) Whether the child is a child with a disability;

and 8 (2) The content of the child's individualized education program, including information relating to enabling such child to be involved and progress in the general education curriculum;

(2) Provided and administered in the language and form most likely to yield accurate information on what the child knows and can do academically, developmentally, and functionally, unless it is not feasible to sotso provide or administer;

F.G.

Upon completion of the administration of assessments and other evaluation measures pursuant to subsection E:F:

DRAFT OFFERED FOR CONSIDERATION 2/05/2026 1.

The determination of whether the child is a child with a disability and the educational needs of the child shall be made by a team of qualified professionals and the parent of the child in accordance with subsection G;H;

G.H.

In making a determination of whether a child is a child with a disability pursuant to subsection F,G, a child shall not be determined to be a child with a disability if the determining factor for such determination is:

3.2.

Lack of instruction in math;

or 3.

orI. SB678 12 of 40 H.

May use a process that determines if the child responds to scientific, research-based intervention as a part of the evaluation procedures described in in subsection E;F;

(i) oral expression, (ii) listening DRAFT OFFERED FOR CONSIDERATION 2/05/2026 comprehension, (iii) written expression, (iv) basic reading skill, (v) reading fluency skills, (vi) reading comprehension, (vii) mathematics calculation, and (viii) mathematics problem solving;

(iii) an emotional disturbance;disability;

DRAFT OFFERED FOR CONSIDERATION 2/05/2026 a.

of 40 f.

and I g.

If such child has participated in a process that assesses the child's response to scientific, resNarch-research- based intervention, (i) the instructional strategies used and the student-centered data collected and (ii) documentation that the child's parents were notified about (a) the Board's policies relating to the amount and nature of student performance data that would be collected and the general education services that wouldRbewould be provided, (b) strategies for increasing the child's rate of learning, and (c) the parent's right to requOstrequest an evaluation;

Each member of the group described in subdivision 2 shall certify in writing whether the D documentation described in subdivision 6 reflects such member's conclusion.

If the documentation does noUnot reflect such member's conclusion, the member shall submit a separate statement presenting such member's conclusions.

CJ. I.

As a part of an initial evaluation conducted pursuant to subsection A,B, if appropriate, and as a pErtpart of any 1.reevaluation conducted pursuant to subsection E:

1.

D a.

On the basis of such review and any input from the child's parents, identify what additional data, if any, DRAFT OFFERED FOR CONSIDERATION 2/05/2026 is needed to determine:

and B (4) Whether any additions or modifications to the special education and related services are needed 6oto enable the child to meet the measurable annual goals set out in the individualized education program of 8hethe child and to participate as appropriate in the general education curriculum;

If the IEP team and other qualified professionals, as appropriate, determinatedetermine pursuant to subdivision 1 b that no additional data is needed to determine whether the child continues to be a child with a disability and to determine the child's educational needs, the local educational agency shall:

Notify the child's parents of (i) the determination and the reasons for the determination and (ii) the right of such parents to request an assessment to determine whether the child continues to be a child with a disab.disability and to determine the child's educational needs;

and b.

J.K.

Prior to making any such determination, including a determination relating to the partial or complete termination of a child's eligibility for special education or related services, each local educational agency shall obtain written parental consent in accordance with clause (iii) of subdivision C 3.

K.

Each local educational agency shall ensure that the parents of each child with a disability are members of any group that makes decisions on the educational placement of their child.

Each local educational agency shall ensure that the parents of each child with a disability are members of any group that makes decisions on the educational placement of their child.

DRAFT OFFERED FOR CONSIDERATION 2/05/2026 M.

An individualized education program shall be developed, implemented, reviewed, and revised foror each child with a disability in the Commonwealth in accordance with the provisions of this sectionsection, and consistent with the provisions of 20 U.S.C.

§ 1414(d) of the IDEA.IDEA and its implementing regulations.

curriculum;a.

andchild'sHow the child's disability affects the child's involvement and progress in the general education SB678curriculum; 14 of 40 b.

b.

For preschool children, as appropriate, how the disability affects the child's participation in appropriate activities;

and c.

and DRAFT OFFERED FOR CONSIDERATION 2/05/2026 c.

That additional information be included in a child's IEP beyond what is explicitly required pursuant to this subsection;section;

DRAFT OFFERED FOR CONSIDERATION 2/05/2026 2.

Shall not be required to attend an IEP meeting, in whole or in part, if the parent of a child with a disability and the local educational agency agree that attendance of the member is not necessary because the of 40 member's area of the curriculum or related services is not being modified or discussed in the meeting.

May be excused from attending an IEP meeting, in whole or in part, when the meeting involves a I modification to or discussion of the member's area of the curriculum or related services, if (i) the parNntparent and the local educational agency consent to the excusal and (ii) the member submits, in writing, to the parent and the IEP team, input into the development of the IEP prior to the meeting.

R F.

§ 1431 et seO.),seq.), an invitation to the initial IEP meeting shall, at the request of the parent, be sent to the early intervention service coordinator or other representatives of the early intervention system to assist with the smooth D transition of services.

U G.

C 1.

A child with a disability who transfers school divisions within the same academic year, enrolls iEin a new school division, and who had an IEP that was in effect in the Commonwealth, the local educational agency DRAFT OFFERED FOR CONSIDERATION 2/05/2026 shall provide the child with a free appropriate public education, including services comparable to thoseDthose described in the previously held IEP, in consultation with the child's parents, until such time as the local educational agency (i) adopts the IEP in effect in the previous school division or (ii) develops, adopts, and implements a new IEP in accordance with state and federal law;

A child with a disability who transfers school divisions pursuant to subdivision 1 or 2, to facilBtatefacilitate the transition for the child, (i) the new school in which the child enrolls shall take reasonable steps to p6omptlypromptly obtain the child's records, including the IEP and supporting documents and any other records relating to8theto the provision of special education or related services to the child, from the previous school in which the child was enrolled and (ii) the previous school shall take reasonable steps to promptly respond to such request from the new school.

2.

The IEP team shall consider the following special factors:

In the case of a child who is blind or visionvisually impaired, whether it is appropriate to provide for instruction in Braille and the use of Braille which, pursuant to § 22.1-217, shall be provided unless the IEP team determines, after an evaluation of the child's reading and writing skills, needs, and appropriate reading and writing media, that instruction in Braille or the use of Braille is not appropriate for the child;

DRAFT OFFERED FOR CONSIDERATION 2/05/2026 d.

The communication needs of the child and, in the case of a child who ishas deafhearing orimpairments, hardincluding ofdeafness, hearing, the considerations set forth in subsection A of § 22.1-217.02;

In making changes to a child's IEP after the annual IEP meeting for a school year, the parents of a child with a disability and the local educational agency may agree not to convene an additional IEP meeting for the purpose of making such changes and, instead, agree to develop a written document to amend or modify the child's current IEP.

However, if any changes are made to a child's IEP in accordance with this SB678 16 of 40 subsection, the local educational agency shall ensure that the child's IEP team is informed of such changes.

and 2.

A regular education teacher of the child, as a member of the IEP team, participates in the review and DRAFT OFFERED FOR CONSIDERATION 2/05/2026 revisions of the IEP of the child.child;

and 3.

The local educational agency seeks to obtain parental consent, consistent with the Board's regulations, before any revision is made to the special education and related services provided pursuant to a child's IEP in accordance with clause (ii) of subdivision C 3 of § 22.1-215.1 .

The requirements set forth in subdivision 1213 of § 22.1-213.2 and subdivision B 6, relating to participation of children with disabilities in assessments;

For any such child whose eligibility under this article and the IDEA will end prior to such child's release from prison due to his age, the requirements set forth in subdivisions B 8 a and bb, , relating to transition planning and services.

When conducting IEP team meetings and placement meetings pursuant to the Board's regulations, consistent with this section,section and 20 U.S.C.

EachThe Department and each local educational agency shall establish and maintain procedures for ensuring each child with a disability and his parents are guaranteed procedural safeguards with respect to the provision of a free appropriate public education in accordance with thisthe sectionprovisions andof this section, consistent with the provisions of 20 U.S.C.

§ 1415 of the IDEA for the purpose of ensuring each child with a disability and hisits parentsimplementing areregulations. guaranteed procedural safeguards with respect to the provision of free appropriate public education.

The procedures requireddescribed pursuantin to subsection A shall include:

DRAFT OFFERED FOR CONSIDERATION 2/05/2026 1.

AnProcedures for ensuring an opportunity for the parents of a child with a disability to (i) examine all records relating to the child, (ii) to participate in meetings with respect to the identification, evaluation, and educational placement of the child and the provision of a free appropriate public education to the child, and (iii) obtain an independent educational evaluation of the child;

(ii) participate in meetings with respect to the identification, evaluation, and educational placement of the child and the provision of a free appropriate public education to the child, consistent with the provisions of subsection H;

and (iii) obtain an independent educational evaluation of the child, consistent with the provisions of subsection I;

of 40 5.

and I b.

Which sets forth an alleged violation that occurred not more than two years before the date the pNrentparent or agency knew or should have known about the alleged actions that form the basis of the complaint or in such other explicit time limitation for presenting such a complaint as may be established in state law, except as provided in § 22.1-215.6;

R 6.

O a.

D (1) To the other party, in the complaint filed pursuant to subdivision 5, and to forward a copy of sUchsuch DRAFT OFFERED FOR CONSIDERATION 2/05/2026 notice to the Department;

C (a) The name of the child, the name of the school the child is attending, and the address of the resEdenceresidence of t(b)the Achild descriptionor, ofin the naturecase of thea problemhomeless of the child relating to such proposed initiation or Dhange,youth, includingavailable factscontact relatinginformation tofor suchthe problem;child;

(b) A description of the nature of the problem of the child relating to such proposed initiation or change, including facts relating to such problem;

Each local educational agency shall provide prior written notice pursuant to subdivision B 3 to the parents of a child with a disability whenever it (i) proposes to initiate or change or (ii) refuses to initiate or change the identification, evaluation, or educational placement of the child, or the provision of a freeBfree appropriate public education to the child.

6 1.

8 2.

A description of any factors relevant to the local educational agency's proposal or refusal to take the actiD.action.

D.

The due process complaint notice shall be deemed sufficient for the purpose of requesting a due process hearing pursuant to subdivision B 6 b unless the party receiving the notice notifies the hearing officer and the DRAFT OFFERED FOR CONSIDERATION 2/05/2026 other party in writing that the receiving party believes the notice has not met the requirements of subdivision B 6 a;

A response filed by a local educational agency pursuant to subdivision 2 a shall not be construed to preclude the local educational agency from asserting, where appropriate, that the parent's due process complaint notice was insufficient, in accordance with subdivision 1;

notification5. within 15 days of receiving the complaint;on pursuant to subdivision 1 shall provide such SB678 18 of 40 6.

The party providing a hearing officer notification pursuant to subdivision 1 shall provide such notification within 15 days of receiving the complaint;

6.

The parents of a child with a disability shall be provided a copy of the procedural safeguards notice one time each year, except that the parents shall also be provided an additional copy upon (i) initial referral DRAFT OFFERED FOR CONSIDERATION 2/05/2026 or parental request for evaluation, (ii) the first occurrence of the filing of a due process complaint, and (iii) request by a parent.

For any child with a disability who reaches the age of majority but who, for the purposes of the rights set forth in subsection F, has been determined legally incompetent or otherwise unable to provide informed consent relating to such child's educational program, the Commonwealth shall establish procedures for DRAFT OFFERED FOR CONSIDERATION 2/05/2026 appointing the parent of the child, or if the parent is not available, another appropriate individual, to represent the child's educational interests until the child reaches 21 years of age.

H.

Consistent with the procedures described in subdivision B 1, each local educational agency, in order to ensure that the parent of each child with a disability has an opportunity to participate in meetings with respect to the identification, evaluation, and educational placement of the child and the provision of a free appropriate public education to the child, shall:

1.

Ensure the parents of each child with a disability are members of any group that makes decisions on the educational placement of their child, consistent with subsection L of § 22.1-215.1 and subsection P of § 22.1-215.4;

2.

Provide the parents of each child with a disability an opportunity to use alternative means of meeting participation, including video conferences and conference calls, in accordance with subsection Q of § 22.1-215.4;

3.

Provide advance notice of any such meeting to the parent of each child with a disability which shall indicate the purpose, date, time, and location of the meeting, and who will be in attendance at the meeting, and shall include such other information as required pursuant to the Board's regulations;

and 4.

Take such actions as are necessary to ensure that the parent of any child with a disability understands and is able to participate in any group discussions relating to the educational placement of such child, including by, if necessary, arranging for an interpreter for a parent with hearing impairments, including deafness, or a parent whose native language is other than English.

I.

The parents of each child with a disability shall have the right to obtain an independent educational evaluation of the child, in accordance with the provisions of the Board's regulations and the IDEA's implementing regulations, including in accordance with the following requirements:

1.

Each local educational agency shall provide to the parent of any child with a disability, upon request for an independent educational evaluation, information about where such an evaluation may be obtained and the agency criteria applicable for an independent educational evaluation;

2.

Each parent of a child with a disability shall have the right to an independent educational evaluation at public expense if the parent disagrees with an evaluation obtained by the local educational agency, consistent with the provisions of federal and state regulation and the provisions of subdivision 3;

3.

If a parent requests an independent educational evaluation at the public expense pursuant to subdivision 2, the local educational agency shall, without unnecessary delay, either (i) file a due process complaint to request a due process hearing to show that its evaluation is appropriate or (ii) ensure that an DRAFT OFFERED FOR CONSIDERATION 2/05/2026 independent educational evaluation is provided at public expense, unless the local educational agency demonstrates in accordance with applicable federal and state regulation that the evaluation obtained by the parent does not meet the applicable agency criteria;

and 4.

If the local educational agency files a due process complaint pursuant to clause (i) of subdivision 3 and the final decision of the due process hearing is that the local educational agency's evaluation is appropriate, the parent shall maintain the right to an independent educational evaluation, but not at public expense.

The Department shall establish and maintain procedures that afford due process to children with disabilities and their parents and to local educational agencies in resolving disputes as to any matter relating to identification, evaluation, program placements, individualized education programs, or tuition eligibility and to other matters relating to the provision of a free appropriate public education,education in accordance with the provisions of this sectionsection, andconsistent with the provisions of 20 U.S.C.

§ 1415 of the IDEA.IDEA and its implementing regulations.

The Department or a local educational agency may establish procedures to offer to parents and schools that choose not to use the mediation process an opportunity to meet, at a time and location convenient to the parents, with a disinterested party who is under contract with (i) a parent training and information center or of 40 community parent resource center in the Commonwealth or (ii) an appropriate alternative dispute resolution entity to encourage the use and explain the benefits of the mediation process to the parents;

N 4.

TDRAFT OFFERED FOR CONSIDERATION 2/05/2026 5.

Each session in the mediation process shall be scheduled in a timely manner and held in a locatioRlocation that is convenient to each party to the dispute;

O 6.

In the case where a resolution is reached to resolve the due process complaint through mediation, the parties shall execute a legally binding agreement that sets forth the resolution and (i) states that allDall discussions that occurred during the mediation process shall be confidential and shall not be used as U evidence in any subsequent due process hearing or civil proceeding, (ii) is signed by both the parent and a representative of the local educational agency with the authority to bind such local educational agency,Candagency, and (iii) is enforceable in any court of competent jurisdiction or in a district court of the United States;EandStates; evidence in any subsequent due process hearing or civil proceeding.l be confidential and shall not be usDd as C.

The procedures required by subsection A shall provide for an opportunity for an impartial due process hearing each time a due process complaint is received under subdivision B 5 of § 22.1-215.5 or § 22.1-215.7 for the parents or the local educational agency involved in such complaint, which shall be conducted by the Department consistent with the IDEA and its7. implementing regulations and in accordance with the requirements set forth in subsections D and E.

Any discussions that occur during the mediation process shall be confidential and shall not be used as evidence in any subsequent due process hearing or civil proceeding.

C.

The procedures required by subsection A shall provide for an opportunity for an impartial due process hearing each time a due process complaint is received under subdivision B 5 of § 22.1-215.5 or § 22.1-215.7 for the parents or the local educational agency involved in such complaint, which shall be conducted by the Department in accordance with the Board's regulations, consistent with the requirements set forth in subsections D and E.

The local educational agency, within 15 days of receiving notice of the parents' due process complaint, shall convene a meeting with the parents and the relevant member or members of the IEP team with specific knowledge of the facts identified in the complaint where the parents of the child discuss their complainB,complaint, and the facts that form the basis of the complaint, and the local educational agency is provided the opportu6ityopportunity to resolve the complaint.

8 a.

and subdivisionDRAFT 1,OFFERED theFOR partiesCONSIDERATION shall2/05/2026 execute3. a legally binding agreement that is (i) signed by both the parent and a representative of the local educational agency who has the authority to bind such local educational agency and (ii) enforceable by any state court of competent jurisdiction or in a district court of the United States.

In the case where a resolution is reached to resolve the complaint at the meeting described in subdivision 1, the parties shall execute a legally binding agreement that is (i) signed by both the parent and a representative of the local educational agency who has the authority to bind such local educational agency and (ii) enforceable by any state court of competent jurisdiction or in a district court of the United States.

and (2) Possess knowledge of and the ability to (i) understand the provisions of the IDEA and its implementing regulations, the provisions of this article, the Board's regulations, and other applicable federal and state regulations and applicable legal interpretations by federal and state courts;

The party requesting the due process hearing shall not be permitted to raise issues at such hearing that were not raised in the due process complaint notice filed under subdivision B 6 of § 22.1-215.5, unless the othec.other party agrees otherwise;

Ac. parent or agency shall request an impartial due process hearing within two years of the date the SB678 20 of 40 parent or agency knew or should have known about the alleged violation that forms the basis of the complaint or within such other explicit time limitation as may be established by state law, except that such timeline shall not apply to a parent if the parent was prevented from requesting the hearing due to:

A parent or agency shall request an impartial due process hearing within two years of the date the parent or agency knew or should have known about the alleged violation that forms the basis of the complaint or within such other explicit time limitation as may be established by state law, except that such timeline shall not apply to a parent if the parent was prevented from requesting the hearing due to:

or (2) The local educational agency's withholding of information from the parent the disclosure of which was DRAFT OFFERED FOR CONSIDERATION 2/05/2026 required under this article and the IDEA;

and 6.

A decision made by a hearing officer in an impartial due process hearing conducted pursuant to DRAFT OFFERED FOR CONSIDERATION 2/05/2026 subsection C or § 22.1-215.7 shall be final, except that any party shall have the right to appeal such decision pursuant to subsection F.F;

and 7.

All testimony shall be given under oath or affirmation administered by the hearing officer.

During the pendency of any proceedings conducted in accordance with this section, unless the parent of a child and the Department or local educational agency otherwise agrees, each child with a disability shall (i) remain in the educational placement of the child prior to the initiation of such proceedings or (ii) if applying for admission to a public school, be placed in the public school system until all such proceedings of 40 have been completed.

H.§ 22.1-215.7.

Nothing in this section shall be construed to restrict or limit the rights, procedures, and remedies available under the United States Constitution, the Americans with Disabilities Act of 1990 (42 U.S.C.

§I 12101 et seq.), Title V of the Rehabilitation Act of 1973 (29 U.S.C.

§ 790 et seq.), or any other federaN law protecting the rights of children with a disability, except that prior to the filing of a civil action under such laws seeking relief that is also available under the IDEA, the due process procedures described in T subsections C, D, and E shall be exhausted to the same extent as would be required had the action been R brought under the IDEA.

O § 22.1-215.7.

DA A..The Department and each local educational agency shall establish and maintain procedures for changes in placement for a child with a disability who violates a student code of conduct in accordance with DRAFT OFFERED FOR CONSIDERATION 2/05/2026 the provisions of this section, consistent with the provisions of 20 U.S.C.

Disciplinary§ procedures1415(k) relating to changes in placement for a child with a disability who violatUs a student code of conduct shall be consistent with the provisionsIDEA of this section and 20its U.S.C.implementing regulations.

§1415(k)B. of the IDEA and its implementing regulations.

C B.

E1. change in placement for a child with a disability who violates a student code of conduct;

Consider any unique circumstances on a case-by-case basis when determining whether to order a Dchange 2.in placement for a child with a disability who violates a student code of conduct;

2.

A child with a disability who is removed from his current placement (i) pursuant to subsection F,BF, regardless of whether the behavior is determined to be a manifestation of the child's disability pursuan6pursuant to subsection D, or (ii) pursuant to subdivision B 3, shall:

8 1.

Except as provided in subdivision B 2, within 10 school days of any decision to change the placement of a child with a disability because of a violation of a code of student conduct, the local educational agency, the child's parents, and relevant members of the IEP team, as determined by the parent and the local educational agency, shall review all relevant information in the child's file, including the child's IEP, any teacher observations, and any other relevant information the parents may provide to determine whether the child's behavior that gave rise to a violation of a student code of conduct was a manifestation of the child's disability.

The conduct in question was caused by, or had a direct and substantial relationship to, the child's DRAFT OFFERED FOR CONSIDERATION 2/05/2026 disability;

the1. jurisdiction of the Department or a local educational agency;

orises,Carries or possesses a weapon to or at school, on school premises, or to or at a school function under SB678the 22jurisdiction of 40the 2.Department or a local educational agency;

or 2.

DRAFT OFFERED FOR CONSIDERATION 2/05/2026 I.

An appeal to request an expedited due process hearing may be requestedmade by (i) the parent of a child with a disability who disagrees with a decision relating to the child's placement or the manifestation determination made pursuant to this section or (ii) a local educational agency that believes maintaining the current placement of the child is substantially likely to result in injury to the child or to others.

DRAFT OFFERED FOR CONSIDERATION 2/05/2026 a.

If the child is determined to be a child with a disability, taking into consideration of 40 information from the evaluation and information provided by the parents, the local educational agency shall provide special education and related services to such child pursuant to this article and the IDEA and its implementing regulations.

I K.

Nothing in this section shall be construed to (i) prohibit school or local educational agency perNonnelpersonnel from reporting certain acts to appropriate authorities in accordance with § 22.1-279.3:1 or (ii) prevent law enforcement or other authorities from exercising their responsibilities in accordance with applicable state and federal law.

R § 22.1-217.

VisionVisually impaired children.

O A.

Special education for visually impaired children provided by a school division board shall be established, maintained, and operated jointly by the school board and the Virginia Department for the BlDndBlind DRAFT OFFERED FOR CONSIDERATION 2/05/2026 and Vision Impaired subject to the regulations of the Board of Education.

Braille instruction shall be iUcludedincluded in the student's Individualized Education Plan (IEP) IEP, whenever appropriate.

When developing the IEP for students with visual impairment, the presumption shall be that proficiency in literacy is essential for Cuchsuch student to achieve satisfactory educational progress.

However, use of Braille shall not be required if oEherother appropriatespecial education services shallare notmore precludeappropriate Brailleto instruction.nt'sthe student's educational needs, and the provision ofDotherof B.other appropriate services shall not preclude Braille instruction.

B.

"Braille" means the system of reading and writing through touch and is commonly known as standard B Standard English Braille Grade 2.

6 "Program" means a modified program which provides special materials or services and may include the 8 employment of itinerant teachers or resource room teachers for the visually impaired.

1.

The child's individual communication mode or language mode;

The availability to the child of deaf or hard-of-hearing hard of hearing adult models of the child's DRAFT OFFERED FOR CONSIDERATION 2/05/2026 communication mode or language mode;

For the purposes of this section, "communication mode or language mode" means one or more of the following systems or methods of communication applicable to children identified as deaf or hard-of-hearing speech-basedhard training;of hearing:

(i) American Sign Language;

(ii) English-based manual or sign systems;

(iii) oral, aural, or speech-based training;

SB678 24 of 40 (v) cued language transliteration;

In developing IEPs for children with disabilities, in addition to any other requirements established by DRAFT OFFERED FOR CONSIDERATION 2/05/2026 the Board, each local school board shall ensure that IEP teams consider the guidelines established by the Department of Education pursuant to subsection A.

Each local school board shall employ with state and local basic, special education, gifted, and career and technical education funds a minimum number of licensed, full-time equivalent instructional personnel for DRAFT OFFERED FOR CONSIDERATION 2/05/2026 each 1,000 students in average daily membership (ADM) as set forth in the appropriation act.

School divisions using the SOQ Prevention, Intervention, and Remediation of 40 funds in this manner shall employ only instructional personnel licensed by the Board.

Each such reading specialist shaNlshall have training in science-based reading research and evidence-based literacy instruction practices.

In addition, each such reading specialist shall have training in the identification of and the appropriate interventions, TDRAFT OFFERED FOR CONSIDERATION 2/05/2026 accommodations, and teaching techniques for students with dyslexia or a related disorder and shall serveRasserve as an advisor on dyslexia and related disorders.

Such reading specialist shall have an understanding of theOthe definition of dyslexia and a working knowledge of (i) techniques to help a student on the continuum of skills with dyslexia;

(iii)Dthe(iii) the basic foundation of the keys to reading, including multisensory, explicit, systemic, and structured reading U instruction;

C To provide reading intervention services required by § 22.1-253.13:1, school divisions may employ Ereading Readingspecialists Interventionto Initiativeprovide fundsthe inrequired thisreading mannerintervention shallservices. employ only instructional personnel licensed by the Board.

School divisions using the Early Reading Intervention Initiative funds in this manner shall employ only instructional personnel licensed by the Board.

assistant principals in higBhigh schools, one full-time for each 600 students;

and school divisions that employ a sufficient number of assistant 6 principals to meet this staffing requirement may assign assistant principals to schools within the divis8ondivision according to the area of greatest need, regardless of whether such schools are elementary, middle, or secondary;

Local school divisions that employ a sufficient number of librarians to meet this staffing requirement may assign librarians to schools within the division according to the area of greatest need, DRAFT OFFERED FOR CONSIDERATION 2/05/2026 regardless of whether such schools are elementary, middle, or secondary;

However, in order to meet the staffing requirements set forth in this subdivision, any local school board (i) may employ, under a provisional license issued by the Department for three school years with an allowanceoardallowance (i) for an additional two-year extension with the approval of the division superintendent, any professional counselor licensed by the Board of Counseling, clinical social worker licensed by the Board of Social Work, psychologist licensed by the Board of Psychology, or other licensed counseling professional with appropriate experience and training, provided that any such individual makes progress toward completing the requirements for full licensure as a school counselor during such period of employment or (ii) in the event that the school board does not receive any application from a licensed school counselor, professional counselor, clinical social worker, or psychologist or another licensed counseling professional with appropriate experience and training to fill a school counselor vacancy in the school division, may enter into an annual contract with another entity for the provision of school counseling services by a licensed professional counselor, clinical social worker, or psychologist or another licensed counseling professional with appropriate experience and training.

To provide flexibility, school divisions may use the state and local funds for instructional technology resource teachers to employ a data coordinator position, an instructional technology resource teacher position, SB678 26 of 40 or a data coordinator/instructional resource teacher blended position.

The data coordinator position is intended to serve as a resource to principals and classroom teachers in the area of data analysis and interpretation for instructional and school improvement purposes, as well as for overall data management and DRAFT OFFERED FOR CONSIDERATION 2/05/2026 administration of state assessments.

DRAFT OFFERED FOR CONSIDERATION 2/05/2026 O.

part-time to 299 students, one full-time at 300 ofDRAFT 40OFFERED FOR CONSIDERATION 2/05/2026 students;

Local school divisions that employ a sufficient number of school-bNsedschool-based clerical personnel to meet this staffing requirement may assign the clerical personnel to schools within the division according to the area of greatest need, regardless of whether such schools are elementary, middle, or secondary.

R Pursuant to the appropriation act, support services shall be funded from basic school aid.

O School divisions may use the state and local funds for support services to provide additional instructional services.

D Q.

Notwithstanding the provisions of this section, when determining the assignment of instructional Undand other licensed personnel in subsections C through J, a local school board shall not be required to include full- time students of approved virtual school programs.

C R.

Each local school board shall designate a faculty member to serve as a special education parent/fEmilyparent/family understandliaison. and engage in (i) the referral, evaluation, reevaluation, and eligibility process, pursuant to § 22.1-215.1, if they suspect that their child has a disability and;

The special education parent/family liaison shall serve as a resource to parents and families to understand and engage in (i) the referral, evaluation, reevaluation, and eligibility process, pursuant to § 22.1-215.1, if they suspect that their child has a disability and;

Such liaison shall receive support from the Department to serve as a resource for the division and its schools to select and implement textbooks and other high-quality instructional materialBmaterials and aligned professional learning resources.

6 § 22.1-253.13:3.

Accreditation, other standards, assessments, 8 and releases from state regulations.

The Board shall promulgate regulations establishing standards for accreditation pursuant to the DRAFT OFFERED FOR CONSIDERATION 2/05/2026 Administrative Process Act (§ 2.2-4000 et seq.), which shall include (i) student outcome and growth measures, including student performance and growth indicators for children with disabilities in accordance with subdivisions 12 and 13 of § 22.1-213.2;

and (viii) the philosophy, goals, and objectives of pThe Board shall promulgate regulations establishing standards for accreditation of public virtualeducation schoolsin under the authorityCommonwealth. of the local school board that enroll students full time.

The Board shall promulgate regulations establishing standards for accreditation of public virtual schools under the authority of the local school board that enroll students full time.

The relevant school board shall report the results of such review and any annual DRAFT OFFERED FOR CONSIDERATION 2/05/2026 progress reports in public session and shall implement any actions identified through such review and utilize them for improvement planning.

The Board shall establish a corrective action plan process for any school that does not meet the standards SB678 28 of 40 established by the Board.

The Superintendent shall assist local school boards in the implementation of action plans for increasing educational performance and individual student growth in those school divisions and schools that are DRAFT OFFERED FOR CONSIDERATION 2/05/2026 identified as not meeting the approved criteria, including, when applicable, providing assistance with the review, grant, and monitoring process set forth in subdivision K 4 of § 22.1-253.13:1.

Make publicly available such assessments in a timely manner and as soon as practicable following the DRAFT OFFERED FOR CONSIDERATION 2/05/2026 administration of such tests, so long as the release of such assessments does not compromise test security or deplete the bank of assessment questions necessary to construct subsequent tests, or limit the ability to test students on demand and provide immediate results in the web-based assessment system;

Ensure that each child with a disability, as that term is defined in § 22.1-213, is included in the administration of assessments under this section for the purposes of measuring student performance and of 40 growth.

Prescribe alternative methods of Standards of Learning assessment administration for children any child with disabilities, as that term is defined in § 22.1-213, a disability who meet meets criteria establishNdestablished by the Board to demonstrate achievement of the Standards of Learning.

and R b.

Develop and implement guidelines in accordance with subdivision 13 of § 22.1-213.2 for (i) ensuriOgensuring that each child with a disability who participates in a Standards of Learning assessment, including participation through alternative methods of assessment administration pursuant to subdivision a, or in Da local alternative assessment, is provided the appropriate accommodations required pursuant to such childUschild's IEP and (ii) providing for the participation in alternate assessments, in accordance with subdivision 13 b of § 22.1-213.2, for any child with a disability who does not meet criteria to participate in a Standards oCof Learning assessment or local alternative assessment;

E7. criterion-referenced tests and other assessment instruments that may be used by classroom teachers;

(ii)DselectTo assess the educational progress of students, (i) develop appropriate industryassessments, certificationwhich may include criterion-referenced tests and stateother licensureassessment examinations;instruments that may be used by classroom teachers;

(ii) select appropriate industry certification and state licensure examinations;

Permit any teacher providing instruction in a Standards of Learning subject area who scores any such DRAFT OFFERED FOR CONSIDERATION 2/05/2026 Standards of Learning assessments to earn professional development points toward renewal of his license Borfor his time spent scoring such assessments;

6 10.

Require each assessment, including each Standards of Learning assessment administered as a part 8fof the through-year growth assessment system established pursuant to subdivision 2, each mandatory local alternative assessment implemented by a school board pursuant to subdivision E 1 a (2), and each permissive local alternative assessment administered by a school board pursuant to subdivision E 3 b, to be scored on a 100-point scale in accordance with statewide scoring rubrics;

and (iv) guidance to assist the student and his parents in interpreting such stud12.student's assessment results;

and 12.

These assessments shall include end-of-course tests for English, mathematics, science, and history and social science and may be integrated to include multiple DRAFT OFFERED FOR CONSIDERATION 2/05/2026 subject areas.

SB678 30 of 40 a.

Such guidelines shall (i) incorporate options for age-appropriate, authentic performance assessments and portfolios with rubrics and other methodologies designed to ensure that DRAFT OFFERED FOR CONSIDERATION 2/05/2026 students are making adequate academic progress in the subject area and that the Standards of Learning content is being taught;

For the purposes of this subdivision, any student who receives a passing score on a permissive local alternative assessment administered pursuant to subdivision 3 b in lieu of any end-of-course Standards of Learning DRAFT OFFERED FOR CONSIDERATION 2/05/2026 assessment corresponding to any graduation requirement shall be deemed to meet the applicable graduation requirement;

A school board may, but need not, elect to administer any available end-of-course Standards of Learning assessment in a specific Standards of Learning subject area to students in a specific grade level the of 40 administration of which is (i) not necessary to meet federal accountability requirements established by the federal Elementary and Secondary Education Act of 1965, P.L.

However, any school board that elects to administer such an end-of-course Standards of Learning assessment pursuant to this N subdivision shall be required to administer such assessment to each student receiving instruction in that subject area at that grade level;

T b.

Any school board may, but need not, administer a permissive local alternative assessment in a speRificspecific subject area to students in a specific grade level in lieu of any end-of-course Standards of Learning O assessment the administration of which is not necessary to meet federal accountability requirements established by the federal Elementary and Secondary Education Act of 1965, P.L.

89-10, as amended, but D which may be required in that subject area and at that grade level pursuant to state law or regulation;

Undand c.

Any student who performs below grade level on any such Standards of Learning assessment or any permissive local alternative assessment administered pursuant to subdivision b shall be eligible to retaCeretake such assessment, provided that (i) no student may retake an assessment after June 30 of the calendar year in Ehichwhich the applicable assessment was administered, unless the school board of the school in which the student is enrolled grants such student permission to retake such assessment at a later date;

(ii) any student who,Dwho, pursuant to applicable Board regulations, is eligible for an expedited retake of an assessment shall retake such assessment within two weeks of the date on which scoring was completed for such student's assessment, unless it is determined that additional time is necessary in order for such student to complete the DRAFT OFFERED FOR CONSIDERATION 2/05/2026 comprehensive remediation program required to establish eligibility for an expedited retake in accordance with Board regulations;

For students in grades seven through 12, except in the case of any assessments administered as a part of a competency-based assessment system and except for any student who is a child with a disability, as thaBthat term is defined in § 22.1-213, who participates in an alternative method of Standards of Learning assess6entassessment administration or in an alternate assessment pursuant to subdivision C 6, any Standards of Learning 8 assessment or permissive local alternative assessment permitted pursuant to subdivision 3 b or, if any such assessment consists of more than one part, each of which has a separate administration period, the final part of any such end-of-course assessment shall be administered no earlier than two weeks prior to the last day of the school year.

For the purpose of maximizing instructional time, the frequency of assessment administration for any assessment administered pursuant to the provisions of this section, including any Standards of Learning assessment, mandatory local alternative assessment administered in accordance with subdivision 1 a (2), permissive local alternative assessment administered in accordance with subdivision 3 b, or performance assessment administered as a part of any school board's mandatory local alternative assessment plan, or any combination thereof, for each Standards of Learning subject area in a single school year shall not exceed one such assessment per academic quarter, or a total of four assessments per year.

DRAFT OFFERED FOR CONSIDERATION 2/05/2026 The Board may initiate or cause to be initiated a review or investigation of any alleged breach in security, unauthorized alteration, or improper administration of tests, including the exclusion of students from testing who are required to be assessed, by local school board employees responsible for the distribution or administration of the tests.

Any local school board or division superintendent receiving such records or other information shall, upon taking personnel action against a relevant employee, place copies of such records or information relating to the specific employee in such SB678 32 of 40 person's personnel file.

Each school board shall provide teachers, DRAFT OFFERED FOR CONSIDERATION 2/05/2026 parents, principals, and other school leaders with their students' results on any Standards of Learning assessment or Virginia Alternate Assessment Program assessment as soon as practicable after the assessment is administered.

The Board may also grant local school boards waivers of specific requirements in § 22.1-253.13:2, based DRAFT OFFERED FOR CONSIDERATION 2/05/2026 on submission of a request from the division superintendent and chairman of the local school board, permitting the local school board to assign instructional personnel to the schools with the greatest needs, so long as the school division employs a sufficient number of personnel divisionwide to meet the total number required by § 22.1-253.13:2 and all pupil/teacher ratios and class size maximums set forth in subsection C of § 22.1-253.13:2 are met.

"Local alternative assessment" means (i) an assessment that measures content and skills within a specific Standards of Learning subject area that is accepted by institutions of higher education as a measure of college of 40 readiness, including Advanced Placement, International Baccalaureate, or Cambridge assessments, or (ii) any mandatory local alternative assessment developed, administered, and scored by a local school board, that is approved by the Board as aligned with the rigor of Standards of Learning content, assessments, and the I Board's definition of proficiency for any Standards of Learning subject area.

"Local alternative assessmNnt"assessment" includes any mandatory local alternative assessment and any permissive local alternative assessment.

"Mandatory local alternative assessment" means any local alternative assessment that each local school board is required to develop, administer, and score, consistent with Board guidelines, for any StandardsRofStandards of Learning subject area in which a Standards of Learning assessment is not currently available or administOredadministered on a statewide basis.

"Mandatory local alternative assessment" includes any performance assessment implemented by a local school board as a part of its local alternative assessment plan in accordance witDwith Department guidelines.

U "Performance assessment" means an assessment that is approved by the Board as aligned with both the rigor of the content of the Standards of Learning and the Board's definition of proficiency and is scoreCscored using a set rubric or set of criteria and that is designed to measure subject-matter proficiency by requiring Etudentsstudents throughto performingdemonstrate alearning taskacquisition orand creatingapply acontent, project.ntent, skills, and processes in the applicable subject aDeaarea "PermissiveDRAFT localOFFERED alternativeFOR assessment"CONSIDERATION means2/05/2026 anythrough localperforming alternative assessment that a localtask schoolor boardcreating may, consistent with Board guidelines and in accordance with the provisions of this section, develop, administer, and score in lieu of any Standards of Learning assessment that is otherwise administered on a statewideproject. basis but the administration of which is not necessary to meet federal accountability requirements.

"Permissive local alternative assessment" means any local alternative assessment that a local school board may, consistent with Board guidelines and in accordance with the provisions of this section, develop, administer, and score in lieu of any Standards of Learning assessment that is otherwise administered on a statewide basis but the administration of which is not necessary to meet federal accountability requirements.

Each local school board shall award diplomas to all secondary school students, including students who transfer from nonpublic schools or from home instruction, who meet the requirements prescribed by the B Board and meet such other requirements as may be prescribed by the local school board and approved by th6the Board.

Provisions shall be made to facilitate the transfer and appropriate grade placement of students f8omfrom other public secondary schools, from nonpublic schools, or from home instruction as outlined in the standards for accreditation.

Each local school board shall notify the parents of rising eleventh and twelfth grade students of (i) the requirements for graduation pursuant to the standards for accreditation and (ii) the requirements that have yet to bB.be completed by the individual student.

B.

Such credit accommodations may include (i) approval of DRAFT OFFERED FOR CONSIDERATION 2/05/2026 alternative courses to meet standard credit requirements, (ii) modifications to the requirements for local school divisions to award locally awarded verified credits, (iii) approval of additional tests to earn verified credits, (iv) adjusted cut scores required to earn verified credits, (v) allowance of work-based learning experiences, and (vi) special permission credit accommodations for locally awarded verified credits;

Each local school board shall develop a process for awarding locally verified credits to students any student who is a child with disabilities a disability, require individualized education program IEP teams to SB678 34 of 40 consider credit accommodations, including locally awarded verified credits, for students any student who is a child with disabilities a disability to enable them him to earn a standard diploma, and provide guidance from the Department to parents the parents of students a student who is a child with disabilities a disability regarding the availability of credit accommodations to earn a standard diploma and the limitations of the Applied Studies diploma at a student's annual individualized education program IEP meeting corresponding to grades three through 12 when curriculum or statewide assessment decisions are being made that impact the type of diploma for which the student can qualify.

Each local school board shall notify the parent of any such students student who is a child with disabilities a disability who have has an individualized education program IEP and who fail fails to meet the graduation requirements of the student's right to a free and appropriate public education to age 21, inclusive, pursuant to Article 2 (§ 22.1-213 et seq.) of Chapter 13.

Students who have completed a prescribed course of study as defined by the local school board shall be awarded certificates of program completion by local school boards if they are not eligible to receive a Board- DRAFT OFFERED FOR CONSIDERATION 2/05/2026 approved diploma.

or (iii) earn a career and technical education credential that has been approved by the Board, including its diploma seal of biliteracy established pursuant to subdivision E 4, except when a career and technical DRAFT OFFERED FOR CONSIDERATION 2/05/2026 education credential in a particular subject area is not readily available or appropriate or does not adequately measure student competency, in which case the student shall receive satisfactory competency-based instruction in the subject area to earn credit.

of 40 11.

Nothing in this section shall preclude relevant school diNisiondivision personnel from enforcing compulsory attendance in public schools.

Provide for the award of credit for passing scores on industry certifications, state licensure T examinations, and national occupational competency assessments approved by the Board.

R School boards shall report annually to the Board the number of Board-approved industry certificationOcertifications obtained, state licensure examinations passed, national occupational competency assessments passed, Armed DRAFT OFFERED FOR CONSIDERATION 2/05/2026 Services Vocational Aptitude Battery assessments passed, and Virginia workplace readiness skills D assessments passed, and the number of career and technical education completers who graduated.

These U numbers shall be reported as separate categories on the School Performance Report Card.

For the purposes of this subdivision, "career and technical education completer" means a student whoChaswho has met the requirements for a career and technical concentration or specialization and all requirements forEhighfor schoInhigh addition,school thegraduation Boardor may:dan approved alternative education program.

DIn a.addition, the Board may:

a.

B 13.

Provide for the waiver of certain graduation requirements and the subsequent award of a high sch6olschool diploma (i) upon the Board's initiative, (ii) at the request of a local school board, or (iii) upon the 8equestrequest of the parent of any high school senior who died in good standing prior to graduation during the student's senior year.

Provide for the award of verified units of credit for a satisfactory score, as determined by the Board, (PSAT/NMSQT)DRAFT examination.reACT)OFFERED FOR CONSIDERATION 2/05/2026 on the Preliminary ACT (PreACT) or Preliminary SAT/National Merit Scholarship Qualifying Test 17.(PSAT/NMSQT) examination.

17.

The Board shall develop criteria for recognizing exemplary performance in career and technical SB678 36 of 40 education programs by students who have completed the requirements for a Board of Education-approved Board-approved diploma and shall award seals on the diplomas of students meeting such criteria.

DRAFT OFFERED FOR CONSIDERATION 2/05/2026 3.

For the purposes of the Standards of Accreditation, the Board shall use the graduation rate required by this DRAFT OFFERED FOR CONSIDERATION 2/05/2026 subsection.

Any local school board which has been ordered by a state or federal court to achieve racial balance in its of 40 public schools shall maintain such racial balance when accommodating preference in the assignment of children to a school.

From such funds as may be appropriated, the Board shall provide for the independent evaluation of this alternative attendance program and shall submit the evaluation to the Governor, the Senate, and the HousNHouse of DRAFT OFFERED FOR CONSIDERATION 2/05/2026 Delegates by January 1 of each year.

§ 22.1-273.

Vision and hearing of student to be tested;

exceptions.

T A.

As used in this section:

R "Comprehensive vision program" means a program that incorporates the following quality-controlled O requirements:

1.

Program staff who perform vision screenings and administer and maintain student paperwork and datD related to such screenings are credentialed pursuant to a credentialing process that includes training aUd certification on vision screening equipment;

documentation of negative tuberculosis risk assessment or screening, as required by local school boards;

and documentation from the employing qualified nonprofit C vision health organization certifying completion of a search of the registry of founded complaints of chEld the Central Criminal Records Exchange through the Federal Bureau of Investigation based on fingerprintsoD and personal descriptive information for the purpose of obtaining criminal history record information;

2.

The vision screening program is based on best practices as determined by scientific research and program performance and is evaluated by an advisory council consisting of (i) representatives of the ophthalmology and optometry fields and (ii) members from elementary and secondary education and school health to support the implementation of best practices and administrative policies to ensure compliance with Department of Education requirements;

3.

Vision screening results are communicated to parents in a relevant and informative format that is designed to increase parental awareness and encourage parental action;

4.

Parents receive information on the difference between vision screenings and eye examinations, the importance of taking action on a referral for an eye examination by taking their child to a licensed optBmetrist or ophthalmologist, the identification of potential vision problems beyond the results or scope of the v6sion screening, and the importance of vision to a child's education and success;

8 5.

Parents are provided with information regarding follow-up resources related to eye examinations and eyeglasses;

and 6.

Vision screening results are managed for the purposes of reporting, outcome measurement, and program analysis.

"Qualified nonprofit vision health organization" means a nonprofit organization that is exempt from taxation under § 501(c)(3) or 501(c)(4) of the Internal Revenue Code, has at least 10 years of direct experience in the delivery of vision and vision education services, and does not directly or indirectly derive profit from the sale of vision equipment, insurance, medication, merchandise, or vision-related products.

B.

The Superintendent of Public Instruction shall prepare or cause to be prepared, with the advice and public schools and necessary instructions for the use thereof.

The Department of Education shall furnish thee same free of expense to all schools in a school division upon request of the school board of such division accompanied by a resolution of the school board directing the use of such appliances in the schools of the school division.

C.

Within the time periods and at the grades provided in regulations promulgated by the Board, the principal of each such school shall cause the hearing of the relevant students in the school to be tested, unless:

1.