Thank you for the opportunity to provide comment on the new requirements proposed in the revised Local Education Agency (LEA) provider manual. VACo supports enhancing local capacity to serve children with high-level support needs in the least restrictive environment and flexibility in the structure of such programs. VACo also supports transparent state policies and funding to ensure the Commonwealth’s at-risk families have access to high quality and appropriate services.

VACo has concerns that the proposed new requirements regarding an active Plan of Care (POC) will create unnecessary administrative burdens and have the potential to impact the quality and timeliness of school-based services as well as impose additional costs to be incurred by localities. Requiring additional written sign-off for nursing services and personal care services from a physician, physician assistant, or nurse practitioner, could lead to delays and additional incurred fees.

The Individuals with Disabilities Act (IDEA) requires LEAs to provide students with disabilities a free and appropriate public education, including special education and related services according to each student’s Individualized Education Program (IEP). Since IDEA became law in the 1970s, the federal government has consistently failed to fund its promised share of the extra cost of special education. As a result, the costs of providing these services are the responsibility of state and local government.

The Commonwealth should provide the necessary program flexibility to enable localities to provide comprehensive and case-tailored services.