8 VAC 20-81-110.B.2

The articles in this series will share Virginia regulations that have been cited by lawyers who represent school divisions, by hearing officers, and by state education agencies, to buttress their arguments and/or decisions.

One goal of this series is to identify usage trends. Each article will be dedicated to one regulation. The articles will be routinely updated to include when, where, how, and who most recently cited the regulations.

What: Notice of Complaint

Virginia Department of Education (VDOE) Complaints Specialist Sabrina Gross cited the following in a 6.19.17 Notice of Complaint:

Individualized Education Program (IEP – Implementation

Applicable Regulations:

“The IDEA 2004 implementing regulations, at 34 C.F.R. § 300.323(c), and the Virginia Regulations, at 8 VAC 20-81-110.B.2, require each local education agency to ensure that an IEP is implemented as soon as possible following parental consent to the IEP.”

Outcome: The Virginia Department of Education issued a Letter of Findings on 1.11.18, which states:


“The Office of Dispute Resolution and Administrative Services finds FCPS in noncompliance”

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