8 VAC 20-81-220. Surrogate parent procedures.

Recommendation: Amend regulation as indicated.

B.  Appointment of Surrogates

1. Children, aged two to 21, inclusive, who are suspected of having or determined to have disabilities do not require a surrogate if :
   1. The biological, adoptive parent(s) or guardians are allowing relatives or private individuals to act as a parent;
   2. Any person who can serve as ‘parent,’ as defined by this chapter in 8 VA Admin. Code § 20-80-10, other than a surrogate parent, is either acting as parent, or is available and willing to act as parent for the purposes of this chapter.  The child is in the custody of a local department of social services or a licensed child-placing agency , and termination of parental rights has been granted by a juvenile and domestic relations district court of competent jurisdiction in accordance with § 16.1-283, § 16.1-277.01, or § 16.1-277.02 of the Code of Virginia.  The foster parent for that child may serve as the parent of the child for the purposes of any special education proceedings. 

c.   The child is in the custody of a local department of social services or a licensed

      child-placing agency, and a permanent foster care placement order has been  

      entered by a juvenile and domestic relations court of competent jurisdiction in

      accordance with § 63.2-908 of the Code of Virginia.  The permanent foster parent

      named in the order of that child may serve as the parent of the child for the

      purposes of any special education proceedings.

2.  The local educational agency shall appoint a surrogate parent for a child, aged two 

      through 21, inclusive, who is suspected of having or determined to have a disability

      when:

            c.  The child is a ward of the state and the provisions of 8 Va. Admin. Code § 20-81-

     220(B)(1) do not apply;

 4.  The local educational agency shall establish procedures in accordance with this   regulation for determining whether a child needs a surrogate parent.

Justification: Changing subsection B(1) to reflect changes in the definition of ‘parent’ in the federal IDEA  regulations because we also support the definition of ‘parent’ in the federal IDEA  regulations be substituted for the definition current and proposed Virginia regulations. The change would also save LEAs administrative time and money otherwise spent training and recruiting surrogates because fewer surrogate parents would be needed if more persons could act as parents under the definition of ‘parent’ in the federal regulations.

The above change to subsection B(2) would clarify when LEAs are responsible for appointing surrogate parents.

The proposed change to subsection B(4) clarifies that the LEA procedures for appointing surrogates must comply with the provisions of this regulation.

8 VAC 20-81-230. Local educational agency administration and governance.

Recommendation: Retain current regulation requirement for checks of revisions/amendments to

 policies and procedures by respective parties (Special Education Advisory Committee (SEAC),

 local school board, VDOE) in 8 VAC 20-81-230.B.

1.a.      Assurances that the local educational agency has in effect policies and procedures for the provision of special education and related services in compliance with the requirements of the Act, the policies and procedures established by the Virginia Board of Education, and any other relevant federal and state laws and regulations and any revisions to such policies and procedures. Local school divisions shall first submit revisions to the policies and procedures to their local school board for approval.;

2.   Prior to submission to the Virginia Department of Education, the annual plan shall be reviewed by the local school division’s local advisory committee, and approved by the local school board. State-operated programs and the Virginia School for the Deaf and Blind at Staunton shall first submit any revisions to the policies and procedures with their annual plan to the state special education advisory committee (SEAC) for review prior to submission to the Virginia Department of Education.

Justification: Oversight is imperative to ensure provision of FAPE is upheld.  Our system of government is based on a system of checks and balances.  By otherwise giving LEAs such autonomy, the VDOE will be less aware if LEAs are correctly crafting procedural changes to the provision of FAPE.  Via Virginia’s Education statute, Virginia may impose additional requirements in providing state funds to LEAs.  Consequently, it is appropriate to continue to require changes to procedures and supporting documentation be submitted to the VDOE. 

Recommendation: Require that the teacher member who serves on the SEAC committee also be a parent of a student receiving services under IDEA.

D.1.b   The committee shall include one teacher who is also the parent of a student receiving services under IDEA.

Justification: School personnel currently have the right to be members on SEACs, serving as consultants.  Their participation allows them to provide specific information, advice and assistance. If a teacher is allowed to be a voting member, it should be a teacher that also has the parent perspective.

Recommendation: Retain current regulation requirements for checks of revisions/amendments to policies and procedures by respective parties (SEAC, local school board, VDOE) in 8 VAC 20-81-230.2.e

e. Review the policies and procedures for the provision of special education and related services prior to submission to the local school board; and the Virginia Department of Education; and

Justification:  Oversight is imperative to ensure provision of FAPE is upheld.  Our system of government is based on a system of checks and balances.  By otherwise giving LEAs such autonomy, the VDOE will be less aware if LEAs are correctly crafting procedural changes to the provision of FAPE.  Via Virginia’s Education statute, Virginia may impose additional requirements in providing state funds to LEAs.  Consequently, it is appropriate to continue to require changes to procedures and supporting documentation be submitted to the VDOE. 

Recommendation: Amend the proposed regulation by adding a subsection for LEAs to adopt a guidance document for the provision of instructional materials.  Insert new subsection 4 as follows and renumber proposed subsection “K.4” as “K.5” for Definitions.

4.   The local educational agency shall adopt a guidance document outlining the reasonable steps the local education agency will take to facilitate providing instructional materials in accessible formats in a timely manner.  The adopted guidance shall also give consideration to availability of supporting assistive technology, supplemental books and materials, advance availability of teacher syllabuses, and availability of trained personnel to proof non-NIMAS documents prior to student receipt. 

Justification: The guidance document will facilitate consideration of planning aspects which otherwise would impede students’ access and use of instructional materials at the same time as other students.

8 VAC 20-81-240. Eligibility for funding.

Recommendation: Retain current regulations regarding submittal of amendments or revision to local policies and procedures.

A.  Each local school division and state operated program shall maintain current policies and procedures and supporting documentation to demonstrate compliance with the Act and the Virginia Board of Education regulations governing the provision of special education and related services, licensure and accreditation. Changes to the local policies and procedures and supporting documentation shall be submitted upon amendment or revision made as determined by local need, as a result of changes in state or federal laws or regulations, as a result of required corrective action, or as a result of decisions reached in administrative proceedings, judicial determinations, or other findings of noncompliance.

Justification: Oversight is imperative to ensure provision of FAPE is upheld.  Our system of government is based on a system of checks and balances.  By otherwise giving LEAs such autonomy, VDOE will be less aware if LEAs are correctly crafting procedural changes to the provision of FAPE.  It is appropriate to continue to require changes to procedures and supporting documentation be submitted to the VDOE.