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Virginia Regulatory Town Hall
Agency
Department of Education
 
Board
State Board of Education
 
chapter
Regulations Governing Special Education Programs for Children With Disabilities in Virginia [8 VAC 20 ‑ 80]
Action Revisions to comply with the “Individuals with Disabilities Education Improvement Act of 2004” and its federal implementing regulations.
Stage Proposed
Comment Period Ended on 6/30/2008
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6/19/08  10:57 am
Commenter: Bill Hogan/Virginia Public Schools Accountability Project (www.vpsap.org)

Objection to proposed limitation of action on special education appeals
 
I object to the proposal, as developed by VDOE's Office of Dispute Resolution and Administrative Services, to limit the timeline under which a party can appeal a adverse decision by a due process hearing officer to 90 days in state or federal court.
 
With this proposed regulation, VDOE exceeds its limited authority by seeking to promulgate a special education regulation that oversteps the specific general authority of the State Code. The power to make exceptions to the Virginia statutes of limitations is reserved to the General Assembly.
 
I appreciate the opportunity to submit this comment online

 

CommentID: 1594