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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9/2/21  1:05 pm
Commenter: Fred Millar

I support the comments of Lara Sullivan and others opposing the proposed language
 

Please remove the language in the proposed Supplemental Guidance that allows IEP teams [with what special insights into other cultures?] to make subjective and vague determinations to deny Special Ed eligibility based on guesses re a low-scoring student's abilities that were not captured in standard testing.  I am familiar with a case in N Va in which a manifestly needy  student [as judged by his teacher and school expert] was tragically delayed a full year in determination of eligibility based on school staff's vague hopes [ultimately shown to be futile] that despite the evidence from previous years he might make progress during that next year without Special Ed help. 

CommentID: 99893