Special education and related services; superintendent to annually collect, etc., certain data.

Plain English Breakdown

The bill does not specify the exact format or frequency of data presentation.

Collecting Data on Special Education Ineligibility

This law requires school superintendents to gather data each year about students who are not eligible for special education services and share this information with the public or local school boards.

What This Bill Does

• Requires division superintendents to collect yearly data on students found ineligible for special education services by IEP teams.
• Summarizes the collected data from cases where a student is determined not eligible for special education under federal and state laws.
• Includes any complaints or disputes that resulted from these ineligibility decisions.
• Posts this information online or presents it at public school board meetings.

Who It Names or Affects

• Division superintendents who must collect and share the data.
• Local school boards where the data will be presented.
• The general public who can view the posted data on division websites.

Terms To Know

IEP

Individualized Education Program, a plan designed to meet the unique needs of students with disabilities.

Family Educational Rights and Privacy Act (FERPA)

A federal law that protects the privacy of student education records.

Limits and Unknowns

• The bill does not specify how often or in what format this data must be presented.
• It is unclear if there are penalties for failing to comply with these requirements.

Official Summary Text

Division superintendents; certain special education eligibility data; posting or presentation.
Requires each division superintendent to annually collect, summarize, and either post in a conspicuous and publicly accessible manner on the division website or present to the local school board at a public meeting of such board data from cases in which (i) individualized education program (IEP) teams determined that a student is not eligible to receive special education and related services as a student with a disability pursuant to relevant federal and state laws and regulations and (ii) any complaint or dispute procedure that resulted from such determination of ineligibility. The bill requires each such posting or presentation to comply with the federal Family Educational Rights and Privacy Act and all other applicable state and federal laws and regulations relating the protection and privacy of students' personally identifiable information.

Current Bill Text

HOUSE BILL NO. 497

AMENDMENT IN THE NATURE OF A SUBSTITUTE

(Proposed by the House Committee on Education

on February 11, 2026)

(Patron Prior to Substitute--Delegate Guzman)

A BILL to direct each division superintendent to annually collect, summarize, and report certain data on determinations of student ineligibility for special education and related services.

Be it enacted by the General Assembly of Virginia:

1.
§ 1.

Each division superintendent
shall
annually
collect
,
summarize
, and either post in a conspicuous and publicly accessible manner on
the division
website or present
to the local school board at a public meeting of such board
data

from cases

in which
(i)
individualized education program (IEP)
teams determined that a student is not eligible
to receive special education and related services
as a student with a disability pursuant to
relevant federal and state
laws and regulations

and (ii)
any complaint
or
dispute procedure
that
result
ed
from such
determination of
ineligibility
.

Each such posting or presentation shall comply with the
federal Family Educational Rights and Privacy Act (20 U.S.C. § 1232g) and all other
applicable
state and federal laws and regulations relating the protection
and privacy of students' personally identifiable information.