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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9/11/21 10:11 pm

Commenter: Donna Bryant, M.S. CCC-SLP

Support Supplemental Guidance For Evaluation and Eligibility in Special Education

I support this Supplemental Guidance for Evaluation and Eligibility. The document provides clarification of terms and procedures that can help improve the consistency of decision making across school districts in Virginia. When decisions are consistent, students with and without educational disabilities, are identified as such no matter where they live in Virginia.

In addition, I agree with the comments made by Reed Senter. Standardized assessments frequently are racially and culturally biased both in their content and their normative sampling. It is important for evaluators to consider that and to use comprehensive assessment practices to gather sufficient information for unbiased decision making. With sufficient information, clearly defined terms, and outlined procedures, eligibility teams will be able to make more accurate and consistent decisions.

Special education services should be provided to students with educational disabilities so that they can reach their potential. But for students without educational disabilities, those same services would hinder them from reaching their potential.

CommentID: 99922