Virginia Regulatory Town Hall
Agency
Department of Education
 
Board
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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9/12/21  3:29 pm
Commenter: Symone Walker (Parent, NAACP, ASEAC)

Supplemental: OPPOSE the eligibility language which disadvantages Black, Brown, and EL students
 

Supplemental Comments to Prior post 9/1/21 (Comment ID 99888):

Exclusionary factors to IDEA eligibility of culture, linguistics, dialectical, and instructional should not apply to specific learning disabilities (SLDs) which are neurobiological at birth and impacts a students' ability to read, write, and do mathematics.  

On page 30 of the Guidance for Evaluation and Eligibility, VDOE states: "Researchers (Ortiz and Ochoa, 2005) report that students with cultural and linguistic differences may score substantially lower (up to 35 points) than peers due to language and cultural differences."  However, Oriz and Ochoa's 2005 article on the Assessment of Culturally and Linguistically Diverse Learners does not account for the neurobiological markers present AT BIRTH in students with dyslexia, dysgraphia, dyscalculia, who are eligible for SLD.

The IDEA exclusionary factors already create barriers and delays to early SLD identification and intervention which significantly disadvantages students and has disproportionate adverse consequences for Black, Latino, and EL students.  VDOE should remove this barrier in its Guidance document, not perpetuate.  This barrier provides too much opportunity for subjectivity and bias for neurobiological conditions that are present at birth, and for which scores of 35 standard points below the standard deviation is likely indicative of profound SLD, not cultural or linguistic differences, or poor instruction.

Recommendation: Please provide guidance for carving out an exceptions to the consideration of any exclusionary factors for SLD based on scoring anomalies.

Sincerely,
Symone Walker
Parent of a dyslexic student (for whom I've had to fight for identification & eligibility)
Vice Chair of Arlington SEAC
Co-Chair, Arlington NAACP Education Committee
Member, Virginia NAACP Education Committee
CommentID: 99924