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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9/15/21  11:33 am
Commenter: Ann O'nomous

Support VDOE Supplemental Guidance for Evaluation and Eligibility in Special Education
 

 I fully support the Supplemental Guidance for Evaluation and Eligibility in Special Education document.  This guidance gives standards for making eligibility decisions and parameters to improve consistency.

Additionally, cultural bias (of assessment tools, etc.) must taken into consideration when making 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.  The language in the guidance provides protection to a child's rights rather than discriminate against  their cultural linguistic background.  Ignoring cultural bias can lead to the overidentification of students. 

INTENSE Considerations should be given to general education rather than placing students in a more restrictive category or setting due to failure to provide adequate general education. 

"Discrepant from typical" is essential language along with the use of using multiple data sources to making an eligibility determination.   

In regards to the section "Evaluations Using Augmentative and Alternative Communication (AAC)":  this is vital aspect of this document to ensure that evidence based practices are upheld.  Teams must give consideration to AAC user independence, the decreased reliance on others, and authorship when making decisions related to eligibility and the IEP.  

CommentID: 99982