Virginia proposed special education rules spark controversy
An Associated Press report in the Hampton Roads Daily Press indicates that Virginia is working on revising its special education laws in order to conform with the changes to federal law resulting from the U.S. Congress's reauthorization of the Individuals with Disabilities Education Act (IDEA) in 2004 and subsequent changes to federal regulations. Bill Knudsen, deputy assistant secretary for the U.S. Department of Education's (ED) Office of Special Education and Rehabilitative Services, said at least half the states are still revising their special-ed laws. Virginia’s proposal to allow school officials to end special-education services for a child without the parents' approval is drawing the most attention. Current state regulations require parental consent before schools make any change to a child's individualized education plan. According to H. Douglas Cox, assistant state superintendent for special education and student services, nearly 400 people testified at public hearings statewide, and officials have received more than 9,000 comments, with most opposed to the changes. Gov. Tim Kaine has informed the Virginia State Board of Education (VBE) that he opposes changes in special-ed law that reduce parental involvement.
VBE is expected to vote on the regulations in the fall. Ruth Ryder, director of ED’s department that monitors state special-education plans, reports that Virginia is one of few states that require parental consent, which goes beyond what the federal regulations demand. “Many states have taken a lean approach in their requirements,” though each state can decide whether to offer additional protections, she said. Mr. Cox emphasizes parents are already part of the team that determines whether to terminate services to children, and they can appeal any decision, including getting an independent evaluation at the school division's expense, and a due-process hearing. However, the proposed regulations also would shift supervision of hearing officers from the state supreme court to VDE, which advocates for children with disabilities believe could create conflicts of interest. Other proposed changes include: (1) removing the requirement that progress reports for children with disabilities be issued at least as often as reports for those without disabilities; (2) redefining the age range for children to be classified with developmental delays; and (3) removing short-term academic benchmark requirements for many special education students. Special-education administrators and state officials are confident the changes will reduce paperwork and save money for school divisions. Although federal law mandates students receive necessary resources, such as therapists and special learning devices, local governments must pay most of the costs. “No resources are infinite; we don't want them to be directed to where they're not needed,” VDE spokesman Charles Pyle said.
Source: Hampton Roads Daily Press, 6/15/08, By Zinie Chen Sampson (Associated Press)