(DSHN) at SexEdVA.  I also commend to the attention of the VADOE the comments submitted by the Parent Educational Advocacy Training Center (PEATC) by letter dated April 27, 2021.   We agree that the proposed VADOE Guidelines are too lengthy and complex when applied in the typical IEP Team meeting, and may inadvertently discourage meaningful and inclusive discussion with parents and students.

Although there is no express “opt out” provision in HB 134, the Guidance correctly states that “due to the sensitive nature of the topics” the parents and/or student “may choose not to address any portion of these considerations.”  It is at this point that the IEP Team should be provided with strategies to address these concerns in a sensitive and culturally aware manner, and identify resources that encourage further discussion by the IEP Team (which includes parents and student). The issuance of a “Prior Written Notice” to document the refusal, without more, fails to meet the intent and spirit of the laws: “to ensure that IEP Teams consider the need for age-appropriate and developmentally appropriate instruction” on these topics.

It is beyond dispute that access to appropriate sexual health information for youth and adolescents is a challenge in our society at large, and that lack of access poses significant risk to individuals with disabilities.  The Guidelines should be strengthened to support and encourage the goals of HB 134.