A. No person shall open, operate, or conduct any school for students with disabilities in the Commonwealth without a license to operate such school issued by the Board. A license shall be issued for a school if it is in compliance with the regulations of the Board issued pursuant to this chapter, any fee for such license has been paid, and its facilities are approved by the Board after an inspection by the Department. No such license shall be transferable. The license shall be prominently displayed on the premises of the school in a place open for inspection by any interested person during the hours of operation.

Terms Used In Virginia Code 22.1-323

  • Board: means the Virginia Board of Education. See Virginia Code 22.1-319
  • Department: means the Department of Education. See Virginia Code 22.1-319
  • Person: means any individual, group of individuals, partnership, association, business trust, corporation, or other business entity. See Virginia Code 22.1-319
  • schools: means a privately owned and operated preschool, school, or educational organization, no matter how titled, maintained or conducting classes for the purpose of offering instruction for a consideration, profit, or tuition to persons determined to have autism, deaf-blindness, a developmental delay, hearing loss including deafness, intellectual disability, multiple disabilities, an orthopedic impairment, other health impairment, an emotional disturbance, a severe disability, a specific learning disability, a speech or language impairment, a traumatic brain injury, or a visual impairment including blindness. See Virginia Code 22.1-319
  • Superintendent: means the Superintendent of Public Instruction. See Virginia Code 22.1-319

B. Notwithstanding the provisions of § 22.1-19, the Board shall require, pursuant to regulation, any private school for students with disabilities that is licensed by the Board, as a condition for renewal of its initial license to operate, to obtain accreditation from an accrediting agency recognized by the Virginia Council for Private Education within three years of the issuance of its initial triennial license by the Board.

C. Any license issued to a residential school for students with disabilities, except a provisional or conditional license issued pursuant to § 22.1-323.1, may, upon written notification to the school, expire on a date subsequent to its stated expiration date and determined at the discretion of the Board, but in no case later than three years from the effective date. Licenses issued to residential schools for students with disabilities which are effective on or after July 1, 1992, may be issued for periods of up to three successive years. Licenses may be issued to private day special education schools for periods of up to three successive years.

D. The Superintendent or his authorized agents may make unannounced inspections of each school for students with disabilities each year.

Code 1950, § 22-330.21; 1970, c. 665; 1972, c. 523; 1980, c. 559; 1992, c. 666; 1994, c. 258; 2004, c. 991; 2021, Sp. Sess. I, c. 172.

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