Due Process and Eligibility
The section of the Office of Special Education Procedural Support that establishes and maintains procedures to ensure that all eligible students with disabilities receive a free and appropriate public education (FAPE).
The Due Process and Eligibility section of the Office of Special Education Procedural Support:
- Monitors and maintains compliance with local, state, and federal regulations relating to special education programs and
- Implements the requirements of Section 504 of the Rehabilitation Act of 1973, as amended, for student related issues.
- Due Process (Administrative Reviews, Mediation, Impartial Due Process Hearings, Courts)
- Independent Educational Evaluations
- Complaints (Virginia Department of Education, Office for Civil Rights)
- Surrogate Parents
- Consultation (Parents, School Staff)
Individualized Education Program (IEP) Information
Parents and school staff members develop a written individualized education program (IEP) by describing a student’s special learning needs and the special education services to be provided to meet those needs.The IEP team consists of parents; the student, as appropriate; the student’s teacher; a general education teacher if the student participates or may participate in general education classes; a representative of the school system who is qualified to provide or supervise special education services; and others as requested.
The Individuals with Disabilities Education Act (IDEA) and the Virginia special education regulations require that an IEP contain the following:
- A statement of the child’s present levels of academic and functional performance, as well as any concerns of the parents.
- A statement of measurable annual goals which may also include short-term objectives.
- A description of how the child’s progress toward meeting the annual goals will be measured, and when progress reports will be provided.
- A statement of the special education and related services and supplementary aids and services to be provided to the student.
- A statement concerning the extent to which the student will participate in general education.
- A list of required curriculum, testing, and classroom accommodations and modifications.
- A statement concerning the extent to which a student will participate in the divisionwide and statewide assessment programs and accommodations that a student will need during testing. If the student will not participate in the assessments, the IEP must indicate how the student will be assessed.
- The date when special services and modifications will begin and the frequency, location, and duration of the services.
- A statement of needed transition services for students 14 years of age, or younger if determined by the IEP team.
- Primary contact person: principal, special education teacher, or procedural support liaison (PSL).