The Arc of Virginia strongly supports the creation of Guidelines to ensure that IEP teams consider the student’s need for specialized instruction regarding sexual health, self-restraint, self-protection, respect for personal privacy, and/or personal boundaries of others.  We appreciate the Department’s time and attention to this important issue. Far too often, students with Intellectual and other Developmental Disabilities(IDD) are categorized as “Other” when it comes to sexual health and wellness instruction. These students are often harmed by the false assumption that they do not experience puberty and sexual development like their peers without disabilities, or are incapable of experiencing fulfilling romantic and/or sexual relationships (at any stage of their life), and that appropriate and accessible education in these areas is therefore “less important” than it is for their non-disabled peers. We affirm the Underlying Assumptions that VDOE has included in their draft, because all individuals have the right to A Life Like Yours.

While we fully support the intent of the Guidelines, we believe that a few important changes are needed in order to make them the practical tool for IEP teams that the legislation envisioned.  

As one of the primary stakeholders, The Arc of Virginia advocated for the legislation to establish these guidelines - House Bill 134/Senate Bill 186 (2020) -  for three essential reasons:

1) To ensure that all students with IDD have access to age appropriate and developmentally appropriate family life education, that takes into account their full range of sexual, social, and interpersonal health needs.  Students with IDD are frequently excluded from receiving any family life education due to lack of modified curriculum and the belief by many educators that these issues are not relevant to students with IDD;

2) To reduce the likelihood of a student with disabilities becoming the victim of inappropriate sexual behavior or abuse, and to prevent inadvertent or direct inappropriate behavior of students with IDD that could result in their involvement in the criminal justice system; and 

3) To require IEP teams to consider whether the individual student requires modifications or accommodations in instruction in any of these areas, and to provide resources to assist school divisions in implementing specialized instruction deemed appropriate by IEP teams.  

During the legislative process, including preliminary meetings with the Department of Education, stakeholders discussed the overarching need for guidelines as part of a multi-faceted preparatory and preventative process for protecting individuals with disabilities, which is desperately needed in our Commonwealth.  Ensuring that each child’s IEP team fully considers the student’s needs in this area is the crucial first step in this process. 

The Arc of Virginia recommends the following changes to the proposed Guidelines for the reasons outlined below:   

Recommendation #1:  Clarify “IEP Team Requirements” vs. Background Information and Resources

As written, the Guidelines are far too lengthy and complex to be considered in their entirety during a typical IEP meeting. While the entire document could be very valuable as an additional resource, the planned implementation and approach needs to allow adequate time for IEP teams to ensure that thoughtful consideration takes place, including appropriate modifications and accommodations for accessibility. All IEP teams are required to consider the Guidelines; however, the vast majority of students with IEPs can access standards-based Family Life Education and do not have modification or accommodation needs in these areas.  In order to appropriately focus and streamline the process, we recommend that the team be required to discuss and answer the following question:

Does the student require modifications or accomodations in order to access age and developmentally appropriate instruction related to sexual health, self-restraint, self-protection, respect for personal privacy, and/or personal boundaries of others?

If the IEP Team determines that the student requires modification or accommodations in one or more of these areas, the IEP team should then be required to address those needs in the IEP.   

Recommendation #2:  Eliminate Inappropriate Focus on Student Behavior

The current draft contains a pervasively negative emphasis on potentially inappropriate behavior and/or existing behavioral challenges on the part of the student. In particular, the section on Guiding Questions/Indicators focuses heavily on “concerns,”and could be interpreted as asking the IEP team to anticipate potential criminal behavior.  The Arc believes that asking these negative questions when there are not specific behaviors to justify them, poses a real risk of stigmatizing students and alienating parents.  Parents should not be dissuaded from having their student engage in an accessible family life curriculum out of fear that it will mostly be used as a critical examination of present or potential behavior.  

Recommendation #3: Provide Resources for Accessibility and Modification of Curriculum

The current draft provides helpful background information for IEP teams regarding the value of family life education; however, there is very little in the document to help school divisions develop and implement developmentally appropriate modifications. Stakeholder discussions throughout the legislative process envisioned the guidelines including not simply the “why,” but also the “how.” Providing recommended teaching tools and strategies would help equip school divisions to meet the instructional needs being identified as a result of the new Guidelines.

Recommendation #4: Ensure the Full Inclusion of Parents as IEP Team Members

Throughout the current draft, there are places where language and framing could suggest that parents are not equal members of the IEP team.  Under no circumstances should the Guidelines imply that parents are anything other than full members of the IEP team.  This is another example of the value of separating IEP Team Guidelines from Resources and Background Information that could include a section addressed to school division staff. 

Recommendation #5: Address Intended Age Groups/Audience

Most of the substance in this document appears geared toward older children and students, even though the statute includes all children with disabilities.  Resources should address the needs of younger students as well as those in middle and high school.  The student’s team should be given adequate tools to facilitate discussion about age-appropriate instruction starting in elementary school. 

Recommendation #6: Consider the New VDOE Social Emotional Learning (SEL) Standards

VDOE is in the process of adopting Social Emotional Learning (SEL) Standards which overlap with some of the content covered by this legislation and guidelines.  It is likely that these standards will address the instructional needs of some students in areas addressed by these guidelines.  At the same time, new gaps may be created which, once again, may result in students with disabilities being excluded from exposure to content due to lack of age and developmentally appropriate instruction. Wherever possible, VDOE should consider the areas of crossover between the pending SEL Standards and these guidelines, when finalizing the document.

Thank you again for allowing us to provide public comment. The Arc of Virginia remains available to answer any questions or give further input if requested, and we welcome the opportunity to assist the Department in developing materials and training resources that will best serve our students and support their team members and caregivers.