The current regulations require parental consent before the school can make any change in the IEP. The proposed regulations do not require parental consent before schools can partially or completely terminate services in the IEP.
Proposed regulation 8 VAC 20-81-90 entitled "Termination of special education and related services" in subsection (B)(3) explains that, in the termination of special education services "parental consent is not required."
Does this proposed regulation benefit children with disabilities and their families? No.
This proposed regulation will undermine trust and reduce participation by parents in educational decision-making for their children.
The Virginia Department of Education disregarded the intent of Congress when IDEA was reauthorized. Congress sought to increase and strengthen parental participation and involvement as the Findings in IDEA 2004 state:
"the education of children with disabilities can be made more effective by ... strengthening the role and responsibility of parents and ensuring that families of such children have meaningful opportunities to participate in the education of their children at school and at home ..." (20 U.S.C. 1400(c)(5)(B))
Conclusion: At best, this proposed regulation is not in accordance with IDEA 2004 and at worst it gives schools a disproportionate amount of power. This regulation has the potential for being harm to children in terms of limiting their due process.
