The U.S. Department of Education has found that Virginia has fixed significant problems with its special education program that have been in question since 2019. It also found new, less serious problems with the state's compliance with federal special education laws.
The federal Department of Education's Office of Special Education Programs sent a letter last week identifying additional areas in which Virginia is not complying with the Individuals with Disabilities Education Act. This federal law, passed in 1975, guarantees that students with disabilities receive a free and appropriate public education.
The new oversight report highlights issues including the state's grievance process for parents, confidentiality guidance, independent educational evaluations and due process issues. Most of the fixes are through regulation. The state Education Department is expected to submit several regulatory measures to school boards next week to bring them into compliance with many of the federal government's new recommendations.
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Last year, the U.S. Department of Education threatened to withhold federal funding from the state and said Virginia had a year to comply with the law before being sanctioned. Virginia is currently in compliance with these issues, which were first raised in June 2020 when then-Gov. That oversight report was shut down by President Ralph Northam's administration.
“We are pleased that OSEP recognizes significant improvements in Virginia's special education programs and that previously identified issues have been corrected and resolved,” said Todd Reed, a spokesman for the state Department of Education. “We are focused on providing the highest quality programs for Virginia’s special education students.”
A 2020 report found that Virginia did not adequately oversee special education complaints against local school systems. It also criticized the state's lack of procedures in responding to and monitoring complaints about special education programs.
The 2022 letter raised concerns that Virginia's “inadequate” leadership during the COVID-19 pandemic may have led to the district's violations.
Virginia Superintendent Lisa Coons said in a letter to the U.S. Department of Education last week that she has worked with the Virginia Department of Education to recommend changes to improve services for children with disabilities. He expressed his gratitude to the Ministry.
“We are committed to ensuring that every child in Virginia has access to high-quality instruction, with a strong system of parent and family engagement, priority monitoring and support, and post-secondary education for all learners. We strive to provide high-quality instruction that focuses on career paths,” Koons wrote.
The Virginia Department of Education has issued corrective actions in response to last week's oversight report, including regulatory changes, follow-up on local school divisions' pending oversight, changes to state education department guidance, and changes to the model state complaint form. Presented the plan.
Virginia's ability to adequately serve students with disabilities has been a long-standing issue.
A 2020 study by the Joint Legislative Audit and Review Committee, a legislative watchdog, found that Virginia school divisions relied on underprepared teachers to fill gaps in special education teaching positions. did. The same study found that state departments of education rarely ensure that noncompliance is corrected or that the negative effects of noncompliance on students are remedied through compensatory services.
At Coons' request, the state Department of Education last year commissioned two external evaluations of Virginia's special education programs and used feedback from the reports to develop a new strategic plan for special education. ing. The Department of Education paid him $200,00 for the expert review and recommendation.
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