I oppose changes in the Virginia Education Association’s Regulations Governing Special Education Programs for Children with Disabilities in Virginia – specifically 8 VAC 20–81–90 B. 3. which states that “Prior to any partial or complete termination of special education and related services, the local education agency shall comply with the prior written notice requirements of 8 VAC 21-80-170 C., but parental consent is not required”.

 

As we consider this particular issue it is important to keep in mind that the Individuals with Disabilities Education Act 2004, commonly referred to as IDEA, which was established by the US Department of Education grants specific protection to disabled students. IDEA requires any local education agency to inform the child’s parents when services are recommended and parental consent is mandatory to assess the child and initiate special education services. This provision in IDEA was established to ensure a greater partnership between parents and the local education agency, emphasizing the importance of and need for parents and school systems to work together to meet the often complex needs of the disabled child. .

While I understand the proposed changes are in an effort to minimize time and best utilize administrative and teaching staff that are taxed in an overburdened system, this is not the direction the VDOE should be headed. This is regressive thinking and this type of change threatens to widen the chasm between parents and the education system. It is surprising that such a recommendation would be made at a time in our society when parental involvement is desired and encouraged. Yet, for the children that need parental involvement the most, we are taking away their parents’ right to participate in educational decisions that are crucial to the child’s developmental and educational needs. To revoke the parents’ rights to participate in decisions regarding termination and/or a reduction in services actually revokes the one of the fundamental rights IDEA strives to ensure and that right is the participation in the eligibility process.

On a more personal level, as the parent of a special education child I know my child unlike any teacher or other school official could ever hope to know her. I have a vested and passionate interest in seeing that my child is offered and given all of the services that will afford her the best opportunity to achieve a life of independence and productivity. I know that many of the professionals she is taught by also have her best interests in mind and that they rally behind every accomplishment she makes. Without question, these teachers and I are working toward the same goals for my child. However, I am not naïve enough to believe that my daughter isn’t just another student and if there was a way to cut some of her services to relieve the burdens the teachers are strapped with I believe these same teachers would find ways to reduce her services. It is a complete conflict of interest, especially considering the financial strain and lack of teachers of the education system, to have teachers and administrators determining, singlehandedly, when and how services can be minimized for a student. I certainly don’t want anyone making these decisions for my daughter.

Indeed, parents do have the right to due process, mediation and/or legal actions to dispute a LEA’s decision to terminate services under 34 CFR Section 300.506, established in 1999, but unfortunately many of the parents involved in the special education system don’t have the intellectual prowess or the financial means to pursue such action. Therefore, it is the best interest of these and all parents involved in the special education system to be informed of any and all changes in the child’s IEP prior to implementation.

 

As you well know, this change is opposed by several agencies and professionals that provide direct care to our disabled children, specifically the ARC of Virginia, Virginia Office of Protection and Advocacy, Virginia Public School Accountability Project, Advocating 4 Kids, and many, many parents and special education teaching professionals. Such widespread concern and opposition indicates the seriousness of the proposed changes.

 

Before I end this comment, I would like to cite a couple of quotes from research that indicates the benefits of having parents involved in children’s education:

 

 

“When parents are involved in their children's education at home, they do better in school. And when parents are involved in school, children go farther in school — and the schools they go to are better.” – National Eduaction Association

 

I encourage you to reject the changes suggested in the revisions of this regulation. Keep the wording the same to keep parents involved in their children’s education.