I have read comments that state that parents will still have due process if their parental rights are decreased or removed.  I'd like to talk about the reality when it comes to due process and that reality is that even with the Regs as they are many parents do not really have access to due process because of the financial burden it places on them and their families.   It is so easy and so smug to sit there and say they still have due process knowing full well that there are many children with special needs that their families are below the poverty level who cannot afford to hire expensive lawyers and one can't always be assured to get free legal counsel that will be available when needed or who has knowledge of special education laws.  Just because that provision is listed does not mean it is accessible by all.  To ask that parents risk losing all that they own to fight a school system who should be doing their jobs right in the first place not only takes away FAPE from the children who needs it but places an undue burden on the child, the parents and the rest of their families.  The process is long and expensive and who is left to suffer while those who have taken on the responsibility to teach and protect our children leave them neglected and for what, because they are more concerned with their need to be in total  control rather than listen to the parental input and the needs of the children. 

If the professionals are indeed the experts then why are they trying to push the burden of proof onto the parents knowing full well that a large portion of the parents could not afford to hire expert witnesses and fight long legal battles with the school who has the tax payer's dollars at their disposal compared to many parents having to risk losing everything to protect their child's rights and especially their needs.  What is it that the schools fear most about the parental consent as it stand now?  I have noticed the more educated parents become in the special education laws the more the schools seem to want to remove them as an equal members of the team and I just have to ask myself why?  Is it because the schools are being held accountable by the parents, that the parents are no longer sitting back and allowing the schools to do or not do according to their whims?  Why on earth would Virginia want to place such a heavy burden on our special needs parents who are just trying to advocate for their children's needs and rights.  At one time I trusted our school system to provide an appropriate education to my son, that was until my daughter came along and we entered into the special education realm which has pretty much been at best frustrating and many, many times a living nightmare.  Now, because of all that we have been through I have very little faith that the school is looking out for our children's needs as much as they claim for if indeed that is so, then why is it we are constantly doing battle?  If the schools were doing what was needed in the first place then they wouldn't need to be worried with parental consent would they.  There is so much procrastination and ignoring of timelines and getting evaluations and services done now with parental consent as it is I can't imagine what would happen without it.   The professionals are always harping about being the professionals and experts while disrespecting the knowledge that parents bring to the table,  it isn't always about the initials behind the name that counts, it's the actions that really reflect if someone is a professional or not.  You can tell me what you are going to do  but until you do it you don't have my trust.

Thank you,

Carol Villars

Trisha's mom