Virginia Regulatory Town Hall
Agency
Department of Education
 
Board
State Board of Education
 
Guidance Document Change: The VDOE Supplemental Guidance for Evaluation and Eligibility in Special Education was developed to assist Individualized Education Program (IEP) and Eligibility teams, including parents, as they engage in evaluation, eligibility determinations, and decisions regarding the need for related services. This guidance is an addendum to the Virginia Department of Education’s Guidance on Evaluation and Eligibility for Special Education and Related Services. This document was developed in response to Recommendations 1 and 2 from the Joint Legislative Audit and Review Commission (JLARC) 2020 report on K-12 Special Education in Virginia. The Supplemental Guidance provides information about data sources that may be used to inform eligibility for special education services or a need for a related service, as well as information to assist in the local interpretation for terminology in Virginia special education regulations that are not clearly defined (e.g., determining “adverse educational impact” and determining “need for specially designed instruction”). The Sample Eligibility Forms and Disability Worksheets reflects a revision to the existing Guidance on Evaluation and Eligibility for Special Education Appendix (Sample Evaluation and Eligibility Forms). This revision was made in response to Recommendation 2 from the Joint Legislative Audit and Review Commission (JLARC) 2020 report on K-12 Special Education in Virginia. The sample forms and worksheets are provided to assist Local Educational Agencies (LEA) in documenting eligibility determinations in accordance with the criteria contained in the Regulations Governing Special Education Programs for Children with Disabilities in Virginia.
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9/1/21  5:48 pm
Commenter: Rachael Bauer

Eligibility guidance
 

What is the underlying research to support the Guidance Document’s claim that "Research shows that cultural and linguistic differences may result in an impact of up to 35 standard score points on the particular test and individual student's cultural background and language skills." 

Further, that would be more than 2 standard deviations which is a significant difference.  School districts should not be provided a loophole to find students ineligible for needed services. They already do a poor job of properly identifying and serving students who need services, particularly Black and EL students.  If a child cannot read well and independently then the child needs intervention. 

The timing of this, in the midst of a pandemic that is already disproportionately impacting Black and EL students, and students with disabilities is appalling.

 

CommentID: 99889