Virginia Regulatory Town Hall View Comments

Department of Education

State Board of Education

Guidance Document Change: The VDOE Supplemental Guidance for Evaluation and Eligibility in Special Education was developed to assist Individualized Education Program (IEP) and Eligibility teams, including parents, as they engage in evaluation, eligibility determinations, and decisions regarding the need for related services. This guidance is an addendum to the Virginia Department of Education’s Guidance on Evaluation and Eligibility for Special Education and Related Services. This document was developed in response to Recommendations 1 and 2 from the Joint Legislative Audit and Review Commission (JLARC) 2020 report on K-12 Special Education in Virginia. The Supplemental Guidance provides information about data sources that may be used to inform eligibility for special education services or a need for a related service, as well as information to assist in the local interpretation for terminology in Virginia special education regulations that are not clearly defined (e.g., determining “adverse educational impact” and determining “need for specially designed instruction”). The Sample Eligibility Forms and Disability Worksheets reflects a revision to the existing Guidance on Evaluation and Eligibility for Special Education Appendix (Sample Evaluation and Eligibility Forms). This revision was made in response to Recommendation 2 from the Joint Legislative Audit and Review Commission (JLARC) 2020 report on K-12 Special Education in Virginia. The sample forms and worksheets are provided to assist Local Educational Agencies (LEA) in documenting eligibility determinations in accordance with the criteria contained in the Regulations Governing Special Education Programs for Children with Disabilities in Virginia.

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9/1/21 11:23 am

Commenter: Amy Hanlon

comments related to special education

For Visual Impairments – consider specifically clarifying how Virginia’s definition on functional impairments correspond to IDEA and the U.S. Department of Education Office of Special Education. For example, IDEA Part C Subpart A Section 303.13(b)(17) Vision services mean “referral for evaluation and assessment of visual functioning, referral for medical or other professional services necessary for the habilitation or rehabilitation of visual functioning disorders, and orientation and mobility training for all environments, visual training and additional training necessary to activate visual motor abilities. This would include convergence insufficiency and other functional eye impairments. Note that visual impairment for IEP includes if there is an adverse effect on child’s educational performance to include “a functional vision loss where field and acuity deficits alone may not meet the aforementioned criteria” (convergence insufficiency: https://www.nei.nih.gov/learn-about-eye-health/eye-conditions-and-diseases/convergence-insufficiency The US Education Department's Office of Special Education Programs 2017 policy memo: https://sites.ed.gov/idea/idea-files/policy-memo-eligibility-determinations-for-children-suspected-of-having-a-visual-impairment-under-idea/ Further information: https://sites.ed.gov/idea/idea-files/policy-letter-november-12-2014-to-michelle-kotler/

CommentID: 99881