Special Education Regulations Revision Process

Office of Dispute Resolution and Administrative Services

Virginia Department of Education

P.O. Box 2120

Richmond, Virginia 23218-2120

 To Whom It May Concern:

I am writing to submit my comments regarding your office’s proposed revisions to the Regulations Governing Special Education Programs for Children with Disabilities in Virginia.

In particular, I recommend the term “Intellectual Disability” be defined in 8 VAC 20-81-10. Definitions.  I also recommend that term “Mental Retardation” at 8 VAC 20-81-10. Definitions. be eliminated from the proposed regulations in lieu of the new “Intellectual Disability” term. 

Currently 43 states have removed the term mental retardation from their state laws and publications.  The Commonwealth of Virginia is one of only seven states yet to do so.

In February 2008, the Virginia General Assembly passed a bill to remove the terms “mental retardation” and “mentally retarded” from state laws and publications and replace the disrespectful and degrading terms with the terms “intellectual disability” and “intellectually disabled”. 

In March 2008 the Fairfax-Falls Church Community Services Board (CSB) unanimously approved to change all terminology, both written and verbal, from “mental retardation” to “intellectual disability” to be consistent with the national and state movements.

The VDOE should be just as proactive to adhere to the new “Intellectual Disability” language set forth by the General Assembly and the CSB.

The terms "mental retardation" and "mentally retarded" diminish the humanity and natural condition of having a disability and create an invisible barrier to inclusion as equal community members.  These terms have become so derogatory that school districts discriminate against children with mental retardation by warehousing them in self-contained, one-size fits all classrooms, segregated from their non-disabled peers.  School staff assume that these children have no capacity for learning and they are typically placed on a vocational track instead of being provided appropriate accommodations and supports to allow these children to be educated with their age appropriate non-disabled peers.

Although the U.S. Department of Education chose not to change the term “mental retardation” in the implementing regulations the Department avowed that “States are free to use a different term to refer to a child with mental retardation, as long as all children who would be eligible for special education and related services under the Federal definition of mental retardation received a free appropriate public education” (Federal Register/Vol. 71 No. 156/August 14 2006/Rules and Regulations, page 46550).

The term mental retardation appears in the proposed regulations 20 times and the term mentally retarded is used 4 times.  Recommend a global change to replace the words “Mental Retardation” and “Mentally Retarded” with “Intellectual Disability” and “Intellectually Disabled”. 

Sincerely,

Jackie Simchick