Our View of the Legislature – special education
2025 Virginia General Assembly
February 21, 2025
The 2025 General Assembly Session is slated to end on Saturday, February 22.
In the special education arena, there is one bill that has very heated opposition, and support, and that is still undecided:
HB 2606 (Ware) as introduced would have required anyone filing a special education due process complaint to include a “verified” statement that the complaint includes only claims that were not already actively being considered or previously adjudicated. This bill passed the House of Delegates in amended form, giving hearing officers the power to dismiss vexatious due process claims. The bill then moved to the Senate side, where it was converted into a substitute “Section 1 Bill” in the Senate Committee on Education and Health. The Senate substitute bill directs the Virginia Commission on Youth to study and make recommendations on the process and procedures relating to special education due process complaints and hearings. The substitute bill passed the Senate but was rejected by the House, insisting that hearing officers should be able to dismiss due process claims that seem duplicative or fall into a pattern. The bill will now go to a committee of conference to resolve the differences.
Here is the status of some of the other education related bills that dLCV has been tracking this year:
SB 768 (Favola) requires the Department of Education to survey each local school regarding mental and behavioral health services. This Bill was passed by the Senate by a vote of 40-0; and approved by the House of Delegates on a vote of 97-1.
HB 1806 (Cohen) and SB 1126 (Boysko), as introduced, directed every Individualized Education Plan have an addendum that describes a protocol for individualized accommodations and supports for the student during emergency situations at school. SB 1126 failed to report out of the Senate Education and Health Committee, but HB1806 was amended to only require addressing accommodations during emergency situations when “appropriate” and passed in that form in both the House and the Senate. It now awaits final action by the Governor.
HB 2219 (Tran) and SB 1034 (Pekarsky) require documentation in the individualized education program of a student’s needs for augmentative and alternative communication (AAC) and requires training of anyone involved in instruction of such student. Both of these bills passed both Houses of the General Assembly, but with slightly different amendments in each house. The House bill, with Senate amendments, was approved by the House. The Senate bill was amended to align with it.
HB 1954 (Rasoul) establishes an At Risk program in public schools, requires support services positions for special education services to be funded based on a calculation of prevailing costs, and prohibits support services positions from being subject to any method of funding calculation that caps the number of funded support services positions based on a ratio of such positions to students enrolled the local school division. After passing out of the House of Representatives, this bill was passed by indefinitely – defeated – in the Senate Committee on Finance and Appropriations.
HB 1892 (Seibold) requires students with IEPs to be provided written notice of the students rights and obligations related to dual enrollment courses pursuant to IDEA while the student is in regular high school classes; and pursuant to the ADA while the student is in a community college course; when such students enter 11th and 12th grade. This Bill has been passed by both Houses of the General Assembly and awaits action from the Governor before it can become law.
HB 2297 (Earley) as introduced would have required every school board in Virginia to employ at least one school resource officer (SRO) in every elementary and secondary school in Virginia. It was amended to require every school board in Virginia to apply for a grant to employ SROs or to provide written justification for not applying for such a grant. The House Education Committee tabled the bill.
SB 1143 (Obenshain) would have required a provider of inpatient mental health treatment to a minor who is a public school student to give portions of the students discharge plan to the school’s mental health professional or school counselor when the facility determines that the child’s discharge poses a “threat of violence or physical harm to self or others” or additional educational services are needed. This Bill passed the Senate by a vote of 40-0, but was laid on the table in the House Committee on Education.
SB 1303 (McPike) would have required schools to implement specified diabetes management provisions as specified in the student’s diabetes medical management plan as it was introduced. This Bill was passed by the Senate; but the House Committee on Education converted it into a substitute Bill, which directs the School Health Services Committee to review the legislative proposal and report recommendations to the respective House and Senate Committees by November 1, 2025. The substitute bill was approved by the House but was rejected by the Senate. The two bodies appointed a conference committee to try to negotiate a compromise bill.
SB1036 (Pekarsky) permits a prescriber to authorize school personnel to administer seizure rescue meds and for certain students to possess such medication at school. This Bill was passed by both the House and the Senate and now awaits action by the Governor.
dLCV’s mission is to advance independence, choice and self-determination; protect legal, human and civil rights; and eliminate abuse, neglect and discrimination of people with disabilities through zealous and uncompromising legal advocacy and representation. We are available to educate policy makers about the potential impact of legislative proposals. Please let us know of any legislation that you think we should be following, by emailing ga@dlcv.org