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  7:51 pm
Commenter: Kim Lemburg

A Biased Mess
 

Of all of the recommendations described in the JLARC report, I'm not sure why the VDOE chose to dedicate our limited resources to this 128-page document.  After reading this document in its entirety, it was difficult to find changes that are in any way an improvement over the existing evaluation and eligibility resources.  I do support the following:

  • Response to Intervention (RTI) not encouraged for students 5 and under
  • Medical diagnoses not required for evaluation (although this should have been included earlier in the document and applied to all categories of eligibility)
  • Transition to the preferred  and culturally-sensitive term "hard of hearing"
  • Conduct disorder does not rule out emotional disability 

The document begins with a desultory mention of encouraging parental participation.  However, the contribution of parental participation is quickly diminished by the mention of a team leader and the notion that "all team members do not have the same experience and knowledge" as others. It also mentions adhering to time limits when those of us regularly attending meetings know you are lucky to be scheduled for more than thirty minutes.  LEA's are encouraged to "clarify" local policies/procedures but not to provide written documentation to parents.  The document also fails to address providing copies of evaluations to parents prior to the eligibility meeting.  How does this encourage meaningful, equal parental participation?

The entire document is poorly organized, includes redundant information, and has page numbering issues.  It is also troubling that there was no information provided on the individual or individuals who participated in the drafting of this document.  

The most egregious content of this document is the encouraged, frequent consideration of cultural, linguistic, and socioeconomic differences. Eligibility teams do not have the knowledge and resources to appropriately consider experiences that are significantly different than their own.  Rather than this overblown document, the VDOE would better serve special education stakeholders by documenting which evaluation measures have been deemed appropriate tools for diverse student life experiences.

Further, when asked to consider a student's history of quality instruction, it is hypocritical for the VDOE to emphasize this when the most recent NAEP report placed Virginia dead last in fourth-grade reading and mathematics. Continuing to discriminate based on cultural and socioeconomic assumptions perpetuates those very inequities.  How are families supposed to escape generational illiteracy and the resulting socioeconomic difficulties, if schools do not address this issue head-on?

Eligibility and evaluation were not intended to be the convoluted, discriminatory mess that this document supports. The VDOE should engage a diverse selection of special education stakeholders and educational equity experts to commission a do-over.  

 

 

 

 

 

CommentID: 99991