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  3:30 pm
Commenter: Mern Horan

OPPOSE subjective, biased, unsubstantiated new standards for eligibility  
 
 VDOE Supplemental Guidance for Evaluation and Eligibility in Special Education

OPPOSE the subjective, biased and unsubstantiated new standards for eligibility  

(1)  The Guidance Document claims that cultural and linguistic differences may result in an impact of up to 35 standard score points but VDOE has FAILED to identify any study used as support to implement this subjective measure to determine student eligibility for services.

(2)  The proposed language creates massive room for bias and subjectivity and creates a heightened hurdle for diverse students whose “cultural background, language skills, regional dialectal differences, family or cultural customs” could now be used as justification to deny services. 

(3)   The Guidance Document also encourages evaluators to consider whether "lack of high-quality instruction due to ongoing teacher vacancies, implementation of interventions not matched to student area(s) of need, or cultural mismatch for classroom activities or evaluation tasks" could have impacted test scores.  Shockingly, evaluators are encouraged to subjectively consider school system failure to meet the needs of the student as an alternative explanation for substandard test performance and a reason to deny services.

(4)  This eligibility guidance will clearly further disadvantage minority and marginalized students by encouraging an entirely subjective array of alternative explanations for the challenges students face.

Mern Horan / Arlington Public Schools Parent

 

 


CommentID: 99897