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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9/14/21  3:22 pm
Commenter: Anonymous

Supplemental Guidance for Evaluation and Eligibility in Special Education
 

I fully support the Supplemental Guidance for Evaluation and Eligibility in Special Education document.  The guidance provides clear guidance that improves consistency when making decisions.  Cultural bias must be considered in order to make accurate decisions related to eligibility.  A difference in the speech or language of a child's community is not the same as an impairment in the ability to learn language.   I believe that the language in the guidance is a protection of the child's rights rather than a hindrance to accessing services.  Not considering cultural bias will lead to the overidentification of students.  Considerations should be given to general education rather than placing students in a more restrictive category or setting.  I agree with the language "discrepant from typical" and using multiple data sources to making an eligibility determination.   The section "Evaluations Using Augmentative and Alternative Communication (AAC)" is a critical component of the guidance document. Independence, the decreased reliance on others, and authorship are essential considerations when making decisions related to eligibility and the IEP.  Not considering independence and authorship places the Local Education Agency in jeopardy of supporting practices that are not backed by evidence or science.

CommentID: 99949