Please consider the following comments related to the proposed Revisions to the Virginia Special Education Regulations as well as my support and agreement with recommendations developed and submitted by the Virginia Coalition for Students with Disabilities and the Virginia Office of Protection and Advocacy:

1.  In considering the economic impact of the proposed Revisions, I believe that inadequate attention was given to the wide-ranging long-term personal and societal effects of failure to provide appropriate and effective services to all students with disabilities.

Students who receive services appropriate to their needs and effective to the extent that in their postsecondary years they have achieved the primary goals of the Individuals with Disabilities Education Act, i.e. adequate preparation for further education, employment, and independent living and preparation to lead productive and independent adult lives become contributing members of our society in all aspects.  These are the outcomes that would effectively drive considerations related to revisions of Virginia’s Special Education Regulations.  

As part of these considerations, I support the continuation of the initiation of the Post-secondary Transition planning process at age 14 or earlier.  

2.  Parental involvement in decision-making related to the education of their child with disabilities is fundamental to ensuring the integrity and intent of special education programs.  Parents bring their experience, expertise, and also the perspectives of their children and families to the table in any discussions about educational services and programs.  How can we support the concept of self-determination and self-advocacy for students with disabilities if we exclude parents by reducing or terminating their involvement when there is a difference of opinion with LEA representatives?  Many parents feel that their voices are not heard, even under the current Regulations, and some report that they have been told recently that if they disagree with the school’s opinions regarding programs or services, they can “just go to due process” and “pay our attorney’s fees” since there will be a new “law” implemented in July.   This places an insupportable emotional and financial burden on parents and has a chilling effect on meaningful and effective parental involvement in their child’s education. 

3.  Short term objectives are an essential part of guiding the educational program and the student’s response to interventions and should be maintained.  Development and statement of short term objectives in the IEP are as beneficial to teachers and other service providers as they are to students and parents in providing concrete information about the direction of programs and services as well as student progress and program revisions throughout the year.   

4.  Employees of LEAs should not be voting members of Special Education Advisory Committees as they can become subject to pressures in the workplace that may contravene the intent and purpose of the SEACs.  Employees who are also parents, as well as others in the community with an interest in Special Education, currently have the opportunity to provide input to SEACs, which is sufficient.

5.  The importance and value of Functional Behavioral Assessments and the  Implementation/Positive Support Plans that are developed based on evidence and data accrued during the FBA process have been clearly described in the guidance document provided by the Virginia Department of Education as well as many other sources.  The requirement that FBAs be conducted and BIPs be developed for a student who has been suspended for more than ten days consecutively or in total during a school year should be maintained.  Additionally, the right of parents or school staff to request that an FBA be conducted at any time should be maintained and clear statement that an FBA can be requested as an Independent Educational Evaluation should be included.  

6.  In addition to the above comments, I fully support each of the recommendations and comments submitted by the Virginia Coalition for Students with Disabilities related to the proposed Revisions (http://www.vaboard.org/downloads/VCSWDComments52008.pdf) and each of the recommendations and comments provided by the Virginia Office for Protection and Advocacy (http://www.vopa.state.va.us/News/VOPA%20Comments%20Final.pdf).

Thank you for this opportunity to provide input into the Regulatory process.

Dorothy S. Narodny

disAbilities Resource Network

Bedford, VA