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  10:07 pm
Commenter: Cheryl A Poe Advocating 4 Kids, Inc

Advocating 4 Kids, Inc Opposes the Racist Guidance Document Created by the VDOE.
 

The Virginia Department of Education (VDOE) has created a guidance document from a white supremacy lens that contains subtle but numerous embedded racial insults and microaggression that wrongfully reinforce flawed and harmful stereotypes about communities with cultural differences.

A person's race is a “social construct,” not brain function, and should not be used to cause roadblocks. The lack of diplomacy used in creating this guidance is startling.

The VDOE falsely claims the guidance documents meet the recommendations from the Audit and Review Commission.
The Joint Legislative Audit and Review Commission (JLARC) identified and articulated what parents and advocates have been saying for years. The VDOE has failed in its duties to enforce and provide sufficient oversight to protect the rights of parents and students with disabilities.

Page 10 

Consider Cultural, Linguistic and Socio-Economic Differences

Teams should consider the impact of cultural and linguistic differences and socio-economic factors on student performance when determining whether a disability is suspected.  

Some examples of differences that may impact a student’s learning and engagement in school include:

 ? Cultural expectations of formal schooling or of school in general 

? Different cultural norms (e.g., developmental milestone expectations)  

? Transiency in education (e.g., at least two moves in a single school year or teacher changes) 

? Responsibilities at home  

? Socio-economic factors 

? Primary language other than English 

? Level of academic language proficiency  

? Use of a dialect or variety of English other than Standard American English 

? Exposure to trauma 

? Access to structured activities or learning and practice opportunities

 Access to nurturing relationships or interactions 

? Family access to health care and other social determinants of health  

These statements are vague, racially inaccurate, insensitive, and perpetuate a false narrative about BIPOC families and the BIPOC community! 

The statements do not provide a “clear” or even accurate definition of what “environmental, cultural, or economic factors” are and how they would cause a student not to be eligible for special education and related services.

Page 19
Teams should discuss the impact of regional dialectal differences, common family or cultural customs, lack of practice, and other factors that, while appropriate for the individual student, may result in a lower score due to inappropriate comparison with the test norming population.”

The VDOE is disingenuous in the above statement. The testing companies have developed evaluations tools that address appropriate norming. Test like The Preschool Language Scales-5 Spanish Screening Test for Early Childhood Educators (PLS-5) is designed to evaluate a broad spectrum of speech and language skills for Spanish-speaking children.

The VDOE should instead require Teams to use cross-cultural standardized tests when assessing language, intelligence, and cognitive abilities with culturally different individuals.

The special educational teams in Virginia lack the skill and expertise to discuss a students’ cultural experience. Black students attending Virginia public schools already don’t have access to equitable treatment. In Virginia, black students with and without disabilities are disproportionately expelled, suspended, restrained, and secluded.

This guidance will prevent and interfere with black, brown, and English learners with neurological disorders from getting services needed because of the embedded racism and subjectivity within this guidance. Advocating 4 Kids, Inc supports ALL other comments that oppose the guidance document.

Cheryl A Poe

 

 



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