RE: Proposed Regulations Governing Special Education Programs for
Children with Disabilities

Gentleperson:

Please process this letter as my comment and position on
certain proposed changes to the regulations, definitions and
eligibility criteria from those effective March 27, 2002. I am
writing to you as a resident and domiciliary of Virginia, and I have
a personal interest in the regulations because I am a parent. I am commenting specifically on
proposed changes
8 VAC 20-81-90 B.3, 8 VAC 20-81-80 L., 8 VAC 20-81-80 N., and 8 VAC
20-81-320 B.2.b.10. I am also commenting of the removal of short-term
goals. My comments and position are as follows:

I specifically absolutely object to the following change which
removes the parent's right to prevent the LEA from unilaterally
removing a child's special education either partially or fully and
permits this removal to occur without parent consent which is the
following proposed change:

8 VAC 20-81-90 B.3. Prior to any partial or complete termination of
special education and related services, the local educational agency
shall comply with the prior written notice requirements of 8 VAC 20-
81-170 C., but parental consent is not required.

Reason: Termination of services is in essence revoking a student's
determination of eligibility. 20 U.S.C. § 1414 (c)(5)(A) states
that "a local education agency shall evaluate a child with a
disability in accordance with this section before determining that
the child is no longer a child with a disability." 20 U.S.C. § 1414(b)
(4)(A) specifically states "the determination of whether the child is
a child with a disability … and the educational needs of the child
shall be made by a team of qualified professional and the parent of
the child." To revoke a student's eligibility without parental
consent in essence revokes that parent's right to be a part of the
eligibility process.

I also object to the revised eligibility definition of the disability
category of "Autism".

8 VAC 20-81-80 N. 1. Any of the Pervasive Developmental Disorders,
such as Autistic Disorder, Asperger's Disorder, Rhett's Disorder,
Childhood Disintegrative Disorder, Pervasive Developmental Disorder –
Not Otherwise Specified including Atypical Autism as indicated in
diagnostic references, such as the Diagnostic and Statistical Manual
of Mental Disorders (DSM), may be included under the eligibility
category of autism. Students with autism demonstrate restricted
repetitive and stereotyped patterns of behavior, interests, and
activities such as encompassing preoccupation with one or more
stereotyped and restricted patterns of interest that is abnormal
either in intensity or focus, apparently inflexible adherence to
specific, nonfunctional routines or rituals, stereotyped and
repetitive motor mannerisms (i.e., hand or finger flapping or
twisting, or complex whole-body movements), persistent preoccupation
with parts of objects.
2. A minimum of six characteristics from the following communication
and social interaction areas shall be present to be considered for
eligibility.
a. One or more impairments in communication, such as delay in,
or total lack of, the development of spoken language (not
accompanied by an attempt to compensate through alternative modes of
communication such as gesture or mime), in individuals with adequate
speech, marked impairment in the ability to initiate or sustain a
conversation with others, stereotyped and repetitive use of language
or idiosyncratic language, or lack of varied, spontaneous make
believe play or social imitative play appropriate to developmental
level
b. Two or more impairments in social interaction, such as marked
impairment in the use of multiple nonverbal behaviors such as eye-to-
eye gaze, facial expression, body postures, and gestures to regulate
social interaction, failure to develop peer relationships appropriate
to developmental level, a lack of spontaneous seeking to share
enjoyment, interests, or achievements with other people (i.e., by a
lack of showing, bringing, or pointing out objects of interest), or
lack of social or emotional reciprocity are noted. Delay (s) or
abnormal functioning in social interaction, language as used in
social communication, or symbolic or imaginative play, with onset
prior to age three are also evident.

Reasoning: This requires an unrealistic and unsubstantiated number of
symptoms.

I also object to the proposed teacher-student ratio for children with
Autism.

8 VAC 20-81-320 B.2.b.10 Autism - one teacher for every six children
or one teacher and one paraprofessional for every eight children;

Reasoning: It permits too many disabled children to be supervised by
staff safely and effectively.

I also oppose the proposed revisions to the eligibility definition of
the disability category of "developmental delay".

8 VAC 20-81-80 N.1. The local educational agency may include
developmental delay as one of the disability categories when
determining whether a preschool child, aged two by September 30 to
five, inclusive, is eligible under this chapter.

Reasoning: Presently this designation can be used until age 8. It is
often not possible to determine a more definitive diagnosis at age 5
but is possible later.

I also object to the elimination of the requirement for schools to
develop short-term goals. According to the revision, short-term goals
won't be written for students unless they are in the state's
alternative assessment program. I believe all SPED students benefit
from short term goals.

Please process my comments and reasoning and forward them to the
appropriate entities.

Sincerely,

D. Dicola