I am opposed to the proposed regulations in 8 VAC 20-81-90(B) and 8 VAC 20-81-170(E)(2)(f) which would eliminate the current requirement for parental consent prior to any partial or complete termination of special education or related services.

As you are aware, the local educational agency (LEA) and the parents are often at odds over special education and related services for the child with disability.  The parents are always interested in doing what is best for the child, whereas the LEA and certain public school officials are often more concerned about budgetary issues.  Cutting related services is an easy way for the school division to save money, especially in school divisions that are currently operating in the red. 

The IEP Team has always determined the special education and related services needs for the child.  The IEP Team determines the child's needs by consensus, and the parent plays an important role in protecting the needs of the child from the budget-cutting interests of LEA personnel.  However, the draft regulation would essentially allow the LEA to bypass the IEP Team and unilaterally terminate specific special education and related services that it determines would save the school division money.  The draft regulation would allow the LEA to override the IEP Team decision and decide on its own which services to keep and which services to terminate.

Parents must be treated as a full and equal member of the IEP team as required by IDEA, and the integrity of the IEP Team process must be upheld by the Commonwealth of Virginia.  If the draft regulation is passed in its current form, then school divisions will almost certainly begin unilaterally cutting special education and related services for various disabled children in the county for the sole purpose of saving money.  We must do what is right for our children and provide them with the services that the IEP Team determines are appropriate, and we cannot allow the LEA to decide on its own which services it can terminate for money-saving purposes.