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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9/15/21  12:36 am
Commenter: Anonymous

Plain language & clear definitions. Research is from where?
 

I would like to truly understand past correlation what peer reviewed, research based data this is about? As well as if the study was replicated, & the size of data set groups to truly understand the validity of the research this recommendation is based on. Why is it when clearly defined terms are requested, this is the result? Is there a specific reason that the language used in this proposed amendment as with most governing guidelines has difficult to understand phrasing and language? Not every person attended college, some parents of special education students have disabilities too. Why does the burden fall to the parents/caregivers to have to figure it all out just to get access to what children need for an appropriate education? I also don't understand why it is a negative impact if a child were to receive a service they might not "need". Versus implementing possible additional exclusionary language; when multiple decades worth of replicated, peer reviewed, research based data exists indicating: Early Intervention is Key.? I simply have more questions after reading this proposed amendment, in addition to ones I've had previously. How are the children themselves being appropriately served? I have seen some intentionality on the part of some districts trying to be better. That is great, collaborative efforts are wonderful. Yet, we still have systemic issues with early intervention and the socio-economic, minority, & ESL communities. As well as lack of full testing to get a complete picture of the student & their needs as reasonable & customary to access an appropriate, free, public education. My reference is to the cultural and language amendment specifically. My comments & concerns extend itself to the totality of the system and the equitable rights of all students, including those impacted by disabilities. 

CommentID: 99958