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

Bill Text

2026 SESSION

INTRODUCED

26104346D

SENATE BILL NO. 678

Offered January 14, 2026

Prefiled January 14, 2026

A BILL to amend and reenact §§ 2.2-5300, 22.1-1, as it shall become effective, 22.1-213, 22.1-214, 22.1-214.4, 22.1-215, 22.1-215.1, 22.1-217, 22.1-217.02, 22.1-217.03, 22.1-253.13:2, as it shall become effective, 22.1-253.13:3, as it shall become effective, 22.1-253.13:4, 22.1-269.1, 22.1-273, 22.1-274.02, and 22.1-274.6 of the Code of Virginia; to amend the Code of Virginia by adding sections numbered 22.1-213.2, 22.1-213.3, 22.1-215.4 through 22.1-215.7, and 22.1-274.7:1; and to repeal §§ 22.1-214.1 and 22.1-214.2 of the Code of Virginia, relating to Department of Education; special education and related services; children with disabilities; educational rights, protections, and duties; requirements.

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Patrons—Pekarsky, Favola, Aird and Hashmi

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Referred to Committee on Education and Health

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Be it enacted by the General Assembly of Virginia:

1. That §§ 2.2-5300, 22.1-1, as it shall become effective, 22.1-213, 22.1-214, 22.1-214.4, 22.1-215, 22.1-215.1, 22.1-217, 22.1-217.02, 22.1-217.03, 22.1-253.13:2, as it shall become effective, 22.1-253.13:3, as it shall become effective, 22.1-253.13:4, 22.1-269.1, 22.1-273, 22.1-274.02, and 22.1-274.6 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding sections numbered 22.1-213.2, 22.1-213.3, 22.1-215.4 through 22.1-215.7, and 22.1-274.7:1 as follows:

§ 2.2-5300. Definitions.

As used in this chapter, unless the context requires a different meaning:

"Council" means the Virginia Interagency Coordinating Council created pursuant to § 2.2-2664.

"Early intervention services" means developmental services that (i) are provided through Part C of the Individuals with Disabilities Education Act (IDEA) (20 U.S.C. § 1431 et seq.), as amended, under public supervision and at no cost, except where federal or state law provides for a system of payments by families, including a schedule of sliding fees; (ii) are designed to meet the developmental needs of each child and the needs of the family related to enhancing the child's development and provided to children from birth to age three who have (i) a 25 percent developmental delay in one or more areas of development, (ii) atypical development, or (iii) a diagnosed physical or mental condition that has a high probability of resulting in a developmental delay infant or child with a disability, as identified by the individualized family service plan team, in any one or more of the following areas: (a) physical development, (b) cognitive development, (c) communication development, (d) social or emotional development, or (e) adaptive development; (iii) meet the standards set forth in applicable state law and regulation and the requirements of Part C of the IDEA; (iv) include the services enumerated pursuant to Part C of the IDEA; (v) are provided by qualified personnel, in accordance with applicable federal and state law and regulation; (vi) are, to the maximum extent appropriate, provided in natural environments, including the home, and community settings in which children without disabilities participate; and (vii) are provided in conformity with an individualized family service plan adopted in accordance with 20 U.S.C. § 1436. Early intervention services provided in the child's home and in accordance with this chapter shall not be construed to be home health services as referenced in § 32.1-162.7.

"Infant or toddler with a disability" means an individual under three years of age who needs early intervention services because such individual (i) is experiencing developmental delays, as measured by appropriate diagnostic instruments and procedures in one or more of the areas of cognitive development, physical development, communication development, social or emotional development, and adaptive development or (ii) has a diagnosed physical or mental condition that has a high probability of resulting in developmental delay. "Infant or toddler with a disability" may include, at the Commonwealth's discretion and pursuant to applicable state law or regulation, (a) at-risk infants and toddlers and (b) children with disabilities who are eligible for services under 20 U.S.C. § 1419 and who previously received services under Part C of the Individuals with Disabilities Education Act (IDEA) (20 U.S.C. 1431 et seq.) until such children enter, or are eligible under state law to enter, kindergarten or elementary school, as appropriate, provided that any programs provided under Part C of the IDEA serving such children shall meet the requirements set forth in applicable law and regulation.

"Participating agencies" means the Departments of Health, of Education, of Medical Assistance Services, of Behavioral Health and Developmental Services, and of Social Services; the Departments for the Deaf and Hard-of-Hearing and for the Blind and Vision Impaired; and the Bureau of Ins