Public Testimony on the Proposed Revision of the Regulations Governing Special Education Programs for Children with Disabilities in Virginia

June 2, 2008

Jeannine Rosado

9418 William Kirk Lane

Burke, VA 22015

Thank you for your time and the opportunity to testify today. My name is Jeannine Rosado and I am speaking as a concerned citizen and have a 2 year old son with autism that currently attends preschool in Fairfax County. I want to express my concerns about the proposed revisions of the Virginia's special education regulations.

 My son has difficulty communicating. He gets frustrated when he is not able to communicate and this affects his behavior. Many times he is aggressive when over stimulated or when he is having a difficult time with a transition. My son’s aggressions sometimes take the form of scratching at faces and biting. Biting is a safety issue that schools take seriously. For safety reasons schools may want to remove a child from the general educational setting due to biting. My son has previously experienced discipline procedures due to biting.

I support retaining the existing requirement that an IEP be convened and parents be involved in the development of a Functional Behavioral Assessment (FBA) during discipline procedures.

Previously my son’s rights were protected because our IEP team was able to meet by parental request and develop a Functional Behavioral Assessment. Instead of suspending my child for biting, his teachers were able to help him learn the necessary skills required to become a successful participant in his classroom through the implementation of a behavior plan. This plan addressed his behaviors and helped him learn more suitable ways of expressing himself. Discipline procedures should take in consideration the whole child and should be educational as well and an FBA provides for such an opportunity.

My son has a variety of specials needs which include educational, functional and behavioral. His Individualized Education Program was done through IEP Team consensus, with parental input and consent. My involvement has had a direct impact on his level of services and supports and participation in the general education preschool curriculum.

 I oppose permitting the development of a Functional Behavior Assessment to be a merely a review of existing data that does not require input of the parent. This provision should clearly state that an FBA is an evaluation that consists of a systematic collection and analysis of direct and indirect data, and may include a review of existing data. My son's behaviors also vary depending upon his environment. His behaviors are more challenging when not in an educational setting. The indirect data that would be provided by me as a parent would be crucial in order to develop an accurate Behavior Intervention Plan that would address all of my son's behavioral needs.

 A child’s education is the key to their future. To ensure that these children become productive citizens we must guarantee the supports and services necessary to educate them. It is in everyone’s best interest to provide these supports to benefit our society. Thank you for providing me with the opportunity to speak.