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2021 Special Session I

Budget Amendments - HB1800 (Conference Report)

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Direct Aid - Temporary Extension of Special Education Eligibility

Item 146 #1c

Item 146 #1c

First Year - FY2021 Second Year - FY2022
Education
Direct Aid to Public Education FY2021 $0 FY2022 $6,500,000 NGF

Language
Page 198, line 5, strike "$1,066,525,233" and insert "$1,073,025,233".

Page 198, after line 24, insert:

"d. Temporary Extension of Special Education Eligibility

1.  Out of this appropriation, $6,500,000 the second year from federal Elementary and Secondary School Emergency Relief funds are provided to support the state's share of costs for school divisions to provide one additional year of high school attendance for students with disabilities as provided in paragraph 2 below.

2. Notwithstanding the provisions of § 22.1-213 of the Code of Virginia or 8VAC20-81-10 of the Virginia Administrative Code or any other provision of law to the contrary, any student with a disability who receives special education and related services, reaches age 22 after September 30, 2020, and is scheduled to complete high school in the spring of 2021 shall be given the option for an extension to attend high school for the duration of the 2021–22 school year.

3. Payments to school divisions shall provide (i) an amount equal to the state's share of basic aid funding for any such student based on the composite index of local ability-to-pay, and (ii) an amount equal to the federal Individuals with Disabilities Education Act funding that the school division would have received if such student were eligible to receive a free appropriate public education under federal law.

4.  Localities are required to provide a match for these funds based on the composite index of local ability-to-pay."

Page 199, after line 9, insert:

"Elementary and Secondary School Emergency Relief $0 $6,500,000".



Explanation

(This amendment provides one additional year of education for students with disabilities who were 19 years of age or older and enrolled during the 2020-21 school year. The amendment provides $6.5 million the second year from federal Elementary and Secondary School Emergency Relief funds authorized in the Coronavirus Response and Relief Supplemental Appropriations Act of 2021 to address the state share of per-pupil costs and costs that do not qualify under the federal Individuals with Disabilities Education Act.)