I have heard two arguements for why the proposed regulations are need.  One, they will ensure the students who need to services most will get them.  Two, parents still have the option of Due Process to challenge a school districts decision.  Both arguements show that either the Board has no idea what they are talking about, or they think special education parents have no clue.

For a child to be granted services the school must have consented to the services.  The schools already have the power to decide who should and should not receive services.  If students are receiving services who should not, then the school administration did not do their job.  The Special Education Regulations are not where this needs to be addressed.  The Board needs to address the policies and procedures that govern school districts.  The only way parents can force a school district to give their child services is through Due Process or legal action.

But the Board is making sure parents think even harder before pursuing this option because why would a parent spend tens of thousands of dollar on Due Process one year when they know the school district can take away any services they won the following year, WITHOUT THEIR CONSENT, and have to spend tens of thousands of dollars again to keep those services.  Parents can send their children to private schools for less than that.  So Due Process becomes even less of an option for parents if the new regulations are approved.

They are changing the rules in favor of the schools and create an uneven playing field.  In legal terms it is the equivilant of Double Jeopardy or putting the burden of proof on the defendent.  And if I was a parent facing Due Process for my child, I would look for legal options to challenge the new regulations first.  Spend that money on a legal action where you might be able to get the regulations reversed or even set precedents that are in favor of the parents.

Lastly, parents should not be upset that the Board weakend the regulations and in favor of the schools, they should be upset that they did not use this opportunity to strengthen the current regulations to help the families.  Keeping the regulations as they were should not have been acceptable, so families should not be happy if the Board keeps the regulations the same.  In Special Education staying pat and doing nothing can be just as harmful to the children.

Everyone needs to understand the precedent these regulations could set, not just special education families and special education families in Virginia.  If these regulations are approved they will set a precedent for other states to follow suit.  If the Board is allowed to control parents in special education it sets a precedent for attempting to take similar action with the general education population.

The Special Education Regulations are based on the Federal Regulations as laid out in IDEA.  The intention of IDEA is to protect children with disabilities.  It is not its intention to protect the school administrators and provide them with ways to neglect our children.  The Board needs to approach these regulations with the children in mind, not the administrators.