Proposed Virginia regulation 8 VAC 20-81-60 entitled "Referral for initial evaluation" in subsection (B)(1)(g) states that the school district shall "Ensure that all evaluations are completed and that decisions about eligibility are made within 65 business days after the parent has provided written consent to the evaluation process."

The proposed regulation gives school districts 65 business days to complete special education evaluations, instead of the 60 calendar days set forth in IDEA.

Does this proposed regulation benefit children with disabilities and their families? No.

IDEA 2004 expanded the educational issues that must be evaluated and set forth a timeline within which these evaluations must be completed. After the parent provides consent, the school must complete the initial evaluation and determine if the child is eligible for special education services within 60 calendar days. (Section 1414(a)(1))

Virginia proposes a 65 business day timeline which calculates to three months. A 65 business day timeline will cause unnecessary delays in conducting evaluations and delays before children with disabilities receive the special education services they require. This proposal is not intended to benefit children with disabilities and will harm children.

Virginia also proposes that schools can extend this 65 business day timeline even further if there is a "need" to collect additional "data."

Conclusion: This proposed regulation does not benefit children with disabilities and their parents. In fact, this regulation will damage children who encounter unnecessary delays before receiving the services they need.