Lack of parental consent  to terminate services is only one of the many problems with the proposed special education regs. 

These proposed regulations need to be completely revamped to make timelines, processes, and responsibilties clarified and consistent throughout the special education process and the Commonwealth. In too many areas, processes and procedures are left up to the school systems.  For example, it is important for data collection, in particular, to be consistent and conducted at regular times throughout the student's schooling. Child study committees help insure  that information is collected and discussed in a systematic way. Definitions written carefully so that all conditions receive equal consideration and so that all have a common understanding.  For example, the definition for dyslexia is detailed as an LD but other conditions are not. Why is that so? Why is placement not clearly defined?

Regulations are "the rules."  A classroom runs better if everyone knows the rules and they are consistently enforced. Similarly, all involved in spec education need to know the rules so that if worse comes to worse and due process is triggered justice is served, for both students and for schools.

There are so many other details wrong with these proposed regulations that they are too numerous to even begin to address. It is appalling, for example, that no one will be held accountable if the students does not make progress in IEP goals, benchmarks, or objectives. It is unbelievable that parents will not be required to receive a draft copy of the proposed IEP document at a meeting when all school personnel will have copies. It is sad that the proposed timelines will run the clock out on the help that many, many student will need.  It is amazing that anyone would think it right to move any aspect of due process into an agency (DOE) which itself may be named as defendant except that the DOE, in these regs, will no longer be considered a defendant.

Just as in a classroom, the rules need to be fair and level.  Both schools and parents should be able to call an  IEP meeting, have access to the same information, have equal say all decision making and assessments, have the ability to amend a complaint, and live by the same, clearly outlined  due process procedures.  Burdens should be equalized with all  parties having access to legal data bases, letters of complaints, and paid experts at due process hearings. Written decisions by hearing officers should not be edited by the DOE unless the parent attorneys also can edit.

Finally, openness needs be build into the regulations so that due process complaints are accessible and not edited by the DOE. The public has a right to know. Parents need to know what school systems neglect services in their child's area of special needs. Special ed teachers seeking employment need to know which systems will support their efforts to help children and which will not.