Trying to traverse the complexities of education law can be frustrating and overwhelming for families in Virginia. As such, the Lento Law Firm will work diligently to ensure you understand what your student's rights are and how to move forward pursuing recourse if the school district does not comply.
The Lento Law Firm has years of experience in education law, helping students across the country navigate a broad spectrum of challenges, including disability rights, bullying, discrimination, and special education issues. To ensure you receive the best possible outcome for your case, contact the Lento Law Firm Education Law Team today for help at 888-535-3686 or schedule a consultation online.
Special Education & Disability Rights
In Virginia, state and federal laws, like the Individuals with Disabilities Education Act (IDEA), the Code of Virginia, and the Virginia Administrative Code (VAC), oversee the special education system. These laws stipulate that Virginia schools provide students with disabilities a Free Appropriate Public Education (FAPE) to make sure they receive the particular services and education they need to succeed, both academically and socially.
Additionally, the Virginia Department of Education (VDOE) specifies that educational agencies in Virginia must:
- Adopt certain written policies and procedures on the education of children with disabilities. The educational agencies must either use the Special Education Rules that VDOE has provided or they need to develop their own policies and procedures.
- Create standards to identify racial disparities in special education so they can limit the number of certain racial groups that are overrepresented in special education programs.
Under Virginia's procedural safeguards, the key safeguards include:
- Parental Consent: Schools need to get parental consent before performing the initial evaluations, reevaluations, initial services, and changes in the student's placement.
- Notice of Transfer of Parental Rights: When the student reaches the age of majority, notices must be issued.
- Independent Educational Evaluations: If parents request an evaluation, the school must pay for it or file due process if they believe the evaluation is unnecessary.
- Prior Written Notice: Notices must be given to parents regarding changes in services or placements.
- Appointment of Surrogates: Educational agencies can appoint surrogates if requested by the district of residence.
- Mediation Participation: Parties must participate in mediation when disputes arise.
- Due Process Complaints: Educational agencies can be named as parties in state and due process complaints.
To best advocate for your children's special education needs, you must understand the Virginia laws and regulations. The Lento Law Firm Education Law Team has years of experience in special education law and will ensure you receive the guidance you need to navigate these complex procedures. Your child deserves access to the accommodations they need. The Lento Law Firm can help.
Individualized Education Programs & 504 Plans
In Virginia, Individualized Education Programs (IEPs) and Section 504 Plans are necessary paths to helping students with disabilities get the accommodations and services they need to succeed. While IEPs are specifically tailored for students who qualify under the IDEA, Section 504 Plans serve other students with disabilities who might not meet the benchmarks for special education but still need accommodations to access education.
To get an IEP in Virginia, the school and parents must perform certain steps, including:
- Requesting an Evaluation: Parents must submit a written request to the school via email or certified mail to initiate the evaluation process.
- Evaluation Consent: If the school suspects a student may have a disability, they can initiate the evaluation process. However, if the parent makes the first request for an evaluation, the school must determine if they believe the student may have a disability and decide if an evaluation is necessary. If they determine an evaluation is not necessary, parents have every right to contest this decision.
- Evaluation: The school district must complete the evaluation and determine the student's eligibility for an IEP within 65 days of receiving the request for an evaluation.
- Determining Eligibility: After the evaluation, the school will hold a meeting to determine if the student is eligible for an IEP and what the next steps should be.
- Developing the IEP: If they decide the student is eligible for an IEP, the IEP must be developed within 30 calendar days.
For students with disabilities that fall under Section 504, the Section 504 Plans will require a similar process, including:
- Referral for an Evaluation: A parent, guardian, teacher, or any other concerned adult may refer the student for an evaluation. This referral must be made in writing.
- Obtaining Parental Consent: After the referral is made, the school district needs to get written consent from the parent or guardian to evaluate the student. In some cases, parents may refuse consent, so the school district will need to seek a due process hearing to override this refusal before they can perform the evaluation.
- Evaluation Process: A Section 504 Team will conduct the evaluation. This team is made up of individuals who know the student and understand the evaluation data and placement options. It can include the principal, teachers, school nurse, guidance counselor, and psychologist. The evaluation process includes a review of the student's school records, medical records, and teacher observations. Unless an extension is requested, the evaluation must be completed within 30 school days of receiving parental consent.
- Eligibility Determination: Following the assessment, the knowledgeable committee evaluates if the student qualifies for Section 504 accommodations. This determination hinges on whether the student has a physical or mental impairment that substantially limits one or more major life activities, which may include learning, concentrating, thinking, reading, caring for oneself, or communicating. The qualification decision must be formally documented, and parents must be invited to participate in the process, though their attendance is not required for the determination to proceed.
- Developing the Section 504 Plan: When a student qualifies under Section 504, the knowledgeable committee collaborates with family members to create a comprehensive accommodation plan. This written document details the specific modifications, supports, and services necessary to guarantee the student receives equal educational opportunities and a Free Appropriate Public Education (FAPE) as mandated by federal law. The accommodation plan must clearly identify what adjustments will be implemented, who bears responsibility for providing each accommodation, and the timeline for implementation.
- Review and Reevaluation: The accommodation plan requires annual review meetings to assess its continued effectiveness and appropriateness for addressing the student's evolving requirements. Virginia regulations mandate that schools conduct comprehensive reevaluations at least every three years to determine if the student still qualifies for Section 504 protections and if modifications to the plan are warranted. However, more frequent reassessments may be initiated when significant changes in placement are proposed, when the student's needs shift substantially, or upon the parent or teacher's request.
It is crucial to familiarize yourself with Virginia's Section 504 procedures and your rights as a parent, including the right to mediation or due process hearings if disagreements arise. In Virginia, parents have specific rights under Section 504, including the right to receive notice of identification, evaluation, and placement of a child,
to examine relevant records, and to request a Section 504 impartial hearing to resolve any disagreements.
Discipline & Expulsions
Under Virginia education regulations, disciplinary actions and expulsions must follow specific protocols established in the Commonwealth's educational code. In Virginia, short-term suspensions can last up to 10 consecutive school days, while long-term suspensions range from 11-45 consecutive school days. Expulsion in Virginia refers to a disciplinary action where a student is prohibited from attending any school within the division for 365 calendar days.
Virginia data reveals a troubling pattern of disproportionate disciplinary measures affecting vulnerable populations. Economically disadvantaged students represent 60% of all suspended students, while students with disabilities account for 65% of referred students who face suspension. Foster care students are particularly impacted, comprising 73% of referred students who receive suspensions.
The Lento Law Firm Education Law Team provides essential support during these challenging situations by defending your child's interests throughout disciplinary proceedings and verifying that school administrators honor due process requirements mandated by Virginia statutes. They can inform families about their legal protections, help them understand the appeals procedure, and collaborate with school districts to reduce negative consequences on your child's educational record.
For students with disabilities, The Lento Law Firm ensures disciplinary procedures adhere to both federal protections and Virginia's special education regulations, preventing discriminatory treatment. Consulting an education attorney immediately after learning of allegations against your child can substantially enhance the likelihood of a favorable resolution.
Bullying & Harassment
Bullying and harassment create significant challenges in Virginia schools, affecting students' emotional well-being and educational performance. Virginia law defines bullying as any kind of:
- Aggressive and unwanted behavior that is meant to harm, intimidate, or humiliate another person;
- Involves a real or observed power imbalance between the defendant and victim and
- Is repeated over time or causes severe emotional trauma.
This definition explicitly includes cyberbullying but excludes ordinary teasing, horseplay, arguments, or peer conflict.
Virginia Code requires school boards to implement comprehensive anti-bullying policies and procedures. As of July 1, 2023, principals must notify parents of any student involved in an alleged bullying incident within 24 hours of learning about it, a significant reduction from the previous five-day requirement. Failure to comply with this notification timeline could potentially expose school administrators to lawsuits from parents.
Parents play a crucial role in addressing bullying by understanding school division codes of conduct and utilizing established reporting procedures. While Virginia law doesn't require schools to address off-campus bullying or provide mental health support specifically for bullied students, parents can review their school's policies, as individual districts may implement stronger protections than the state minimum requirements.
Discrimination Cases
Federal and state laws, including Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, and Virginia education regulations, prohibit discrimination based on race, color, national origin, sex, disability, and other protected characteristics. Discrimination remains a significant issue in Virginia schools. To address these concerns and ensure schools comply with anti-discrimination requirements, legal advocacy is necessary.
There are several types of discrimination cases that Virginia schools face including:
- Racial Discrimination: Racial disparities persist in Virginia's educational system, particularly in disciplinary actions. Recent data shows economically disadvantaged students represent 60% of all suspended students, while students with disabilities account for 65% of referred students who face suspension.
- Gender and LGBTQ+ Discrimination: The Virginia Values Act modernized existing Virginia law to protect LGBTQ+ people from discrimination in various settings. However, challenges remain, as evidenced by recent litigation like the case of "Janie Doe," where a transgender middle school student was prohibited from participating on a girls' sports team despite qualifying during tryouts.
- Disability Discrimination: Virginia students with disabilities are protected under Section 504 of the Rehabilitation Act and other federal laws but may still face barriers to equal educational opportunities.
The legal framework protecting Virginia students includes:
- Title VI: Prohibits discrimination based on race, color, or national origin in programs receiving federal financial assistance. The Office for Civil Rights (OCR) enforces Title VI across educational institutions from pre-K through higher education.
- Title IX: Prohibits sex-based discrimination in educational programs receiving federal funding. Recent federal court rulings have found that excluding transgender students from activities aligned with their gender identity likely violates both Title IX and the Equal Protection Clause.
- Virginia-Specific Protections: The Virginia School Board Policy 5-7 explicitly prohibits "any and all discrimination, harassment, and bullying based on an individual's race, color, religion, national origin, sex, sexual orientation, gender identity, pregnancy, childbirth or related medical conditions, age, marital status, disability, genetic information or military/veteran status.”
The Virginia Department of Education conducts regular civil rights reviews to prevent, identify, and remedy discrimination in school divisions that provide career and technical education programs and receive federal financial assistance. These reviews ensure compliance with civil rights laws and help maintain educational environments free from discrimination.
Student Rights & Free Speech
Safeguarding students' First Amendment protections is essential for learners in Virginia educational institutions. While students maintain expression rights, schools may restrict communication that generates substantial educational disruption or contains obscene content. In Virginia, legislation and judicial decisions have established the equilibrium between free expression and campus security.
Virginia students encounter growing challenges to their expressive freedoms and educational opportunities. Various interest groups have initiated efforts affecting LGBTQ+, racial minority, and religiously diverse students across Commonwealth schools. The ACLU of Virginia has worked to protect these rights, successfully bringing the first-class action lawsuit against Virginia to secure marriage equality and helping pass the Virginia Values Act, the first comprehensive nondiscrimination law in the South for LGBTQ+ Virginians. All students deserve a quality education in an inclusive atmosphere where they can develop an understanding of themselves and their broader community.
How the Lento Law Firm Education Law Team Can Help
Virginia's special education framework is designed to provide extensive assistance to students with disabilities. However, recent regulatory modifications and continuing judicial challenges highlight the necessity of active advocacy to protect these entitlements. By becoming knowledgeable about Virginia's statutes and guidelines, you can more effectively traverse the special education landscape and guarantee your children obtain an appropriate and accessible education.
Collaborating with an experienced education attorney will help secure the most favorable results for your child's situation. Call the Lento Law Firm today at 888-535-3686 or schedule a consultation online for help.
