Commenter:
David Blaiklock, Virginia Association of Specialized Education Facilities
Recommendations for Proposed Special Education Regulations
VIRGINIA ASSOCIATION OF SPECIALIZED EDUCATION FACILITIES RECOMMENDATIONS TO THE PROPOSED REGULATIONS GOVERNING SPECIAL EDUCATION PROGRAMS FOR CHILDREN WITH DISABILITIES IN VIRGINIA
Members of the Virginia Association of Specialized Education Facilities (VAISEF) have reviewed the proposed regulations governing special education programs for children with disabilities in Virginia and have identified some positive changes as well as some areas of concern. VAISEF applauds the efforts put forth in promulgating the proposed regulations in an effort to align the special education regulations with IDEA 2004. VAISEF also greatly appreciates the promulgation process that allows for public comment and input before the regulations are finalized.
Before addressing the specific concerns of the new regulations, we would like to take this opportunity to point out what we like about the new regulations:
·The specific criteria for each disability category in the eligibility section.
·The expanded definition of the term “Parent”.
·The consolidation of all information relating to transfers into one section.
Concerns
·VAISEF does not support the removal of parental consent for the reduction or termination of special education or related services. The evolution of IDEA has included increased parental involvement in a collaborative effort with the school to help students with disabilities obtain their goals and overcome their challenges. Removing parental consent moves away from the collaborative nature in which parents work with the schools. Removing parental consent for reduction or termination of services is also likely to increase the amount of due process litigation as the parent may not agree with the reduction or termination of services.
·VAISEF does not support the deadline of 65 business days for evaluations in determining eligibility. While we do agree with the change of the deadline being determined from the time of the referral to the time parental consent has been received, 65 business days exceeds the federal standard of 60 calendar days and creates a scenario where students may be struggling for up to a third of a school year before they are determined eligible for services. Allowing this amount of time to determine eligibility undermines the concept of early identification and intervention because once the 30 days are added to develop the IEP, the student has waited half of a school year to receive services. Although there is a provision for agreeing to extend the deadline, there should still be some guidance/limit to the length of that extension.
·While VAISEF supports the specific criteria for each disability category in the eligibility section, VAISEF does not support the amount of criteria required for a student to be found eligible under the category of Autism. While the standard identifies the continuum of pervasive developmental disorders that are on the Autism spectrum, the criteria identified in the second part of the standard are only appropriate for students who are on the moderate to severe part of the spectrum. Students with Asperger’s or who are higher functioning may not be found eligible under these criteria even though they may require special education or related services to be successful in school. VAISEF recommends that these criteria be less rigid to allow for eligibility for all students on the Autism spectrum.
VAISEF understands that these regulations are subject to change based on the responses from the public comment period. We recognize that these regulations are designed with the goal of applying the best practices for students with disabilities in Virginia. We hope you take our comments into account in finalizing the regulations as we share the same goal of helping students with disabilities.
