Virginia Regulatory Town Hall
Agency
Department of Education
 
Board
State Board of Education
 
chapter
Regulations Governing Special Education Programs for Children With Disabilities in Virginia [8 VAC 20 ‑ 80]
Action Revisions to comply with the “Individuals with Disabilities Education Improvement Act of 2004” and its federal implementing regulations.
Stage Proposed
Comment Period Ended on 6/30/2008
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6/30/08  1:19 pm
Commenter: David Cordell

Due Process and Prior Written Notice
 

13.  Prior Written Notice  [8 VAC 20-81-170, pgs. 201-202, provision of existing regulation, not included]
I oppose the proposed limitations in relation to current regulation on when schools need to provide Prior Written Notice.  Prior Written Notice is one of the few ways that parents can get their questions answered by reluctant schools and must not be chipped away from the existing rights of parents in Virginia. 

 14.  Due Process Hearing System  [8 VAC 20-81-210, pg. 234-264]
I oppose removing the implementation of the due process hearing system from the Supreme Court of Virginia and shifting it exclusively to VDOE.  The proposed removal of the special education due process hearing system from the judiciary to the regulating agency presents a conflict of interest.  Furthermore, I oppose the elimination of the current requirement to develop and submit an implementation plan following the rendering of a due process decision or the withdrawal of a hearing request.   Parents would no longer have the assurance of written guidance or timelines to set their expectations for correction.


 

CommentID: 1709