The Virginia State Board of Education on Thursday adopted changes to how the state handles compliance complaints regarding students with disabilities.
this article Reprinted with permission from Virginia Mercury.
The Virginia State Board of Education on Thursday adopted changes to how the state handles compliance complaints regarding students with disabilities.
Since 2019, Virginia has been under ongoing investigation by the U.S. Department of Education, which previously reported that the state repeatedly failed to resolve complaints filed by parents and to resolve those complaints in a timely manner. It found that there were no “reasonably designed” procedures or practices in place to do so. .
This regulatory change aligns Virginia with federal regulations and replaces standards that have not been updated since July 29, 2015.
“We are dedicated to ensuring that special education students, their families, and students receive everything they need to succeed, and more,” Board President Grace Creasy said at Thursday’s board meeting. Everyone is working hard.”
On March 13, the U.S. Department of Education's Office of Special Education Programs submitted a report to the Virginia Department of Education identifying areas where federal regulations do not comply with the federal Individuals with Disabilities Education Act.
During its investigation, the agency found that the state did not meet federal requirements to identify and remediate noncompliance issues and confidentiality requirements.
Virginia is required by federal law to provide all students with disabilities with a “free appropriate public education” through an individualized plan under the Individualized Education Program.
Approximately 181,000 students with disabilities in Virginia currently receive this service, which is nearly 7,000 more students than a year ago.
As part of his legislative and budget proposals, Gov. Glenn Youngkin is considering steps that would bring major changes to improve the way the state provides special education services.
According to the Special Education Act passed by the General Assembly, the law requires states to create a system to oversee the development and use of IEPs for students with special needs. There will also be a need for further training for educators on how to provide comprehensive special education instruction.
The Governor also established eight Regional Special Education Family Support Centers, totaling 440 over the next two years, to provide professional development opportunities for school staff and enable continued special education instruction in schools. We are considering spending 10,000 dollars.
regulatory changes
Some of the regulatory changes include replacing terms such as “local educational” agency with “public” agency and aligning definitions of “business day,” “calendar day,” and “grievance” with federal regulations and OSEP guidance. This includes making corrections.
Other changes will require the Virginia Department of Education to withhold what information it must withhold when resolving complaints filed by someone other than a child's parent if the parent has not consented to the release of the child's personal information. It is necessary to decide on a case-by-case basis whether or not to do so. information.
Under previous regulations, Virginia law did not allow for case-by-case decisions about whether non-personally identifiable information could be shared with non-parent complainants, inconsistent with federal regulations.
The board also agreed to amend the rules to clarify that “mediation is available to parties to any dispute arising under the law.” [Individuals with Disabilities Education] Activities. “
In responses to the survey, parents of students with disabilities told researchers from the Joint Legislative Audit and Review Commission, the state's legislative watchdog agency, that parents of students with disabilities can be used to resolve disputes with their children's schools. He said there is not enough information about state-level resources.
Although discussions during the meditation process are confidential and cannot be used in court, the Board removed the requirement that parties sign a confidentiality form before beginning meditation.
In a response to the federal office, Superintendent of Public Instruction Lisa Coons said a workgroup established under the state agency developed the 2024 Roadmap for Special Education. . This plan is based on the evaluation and recommendations of two external experts.
The plan outlines the creation of a team that will report to the state Superintendent of Public Instruction and be tasked with monitoring how school divisions are delivering special education services and providing assistance as needed. .
“We are committed to ensuring that all Virginians have access to high-quality instruction, with a focus on parent and family engagement, a strong system of preferential supervision and support, and a successful future trajectory for all learners.” We are committed to ensuring that this is the case,” Coons wrote in his response to the federal government. office.
