| Action | Action to Align 8VAC20-81 with Chapter 502 of the 2024 Acts of the Assembly |
| Stage | Fast-Track |
| Comment Period | Ended on 2/26/2025 |
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9 comments
On July 17th, 2023, VDOE Determined that Chesterfield County Public Schools (CCPS) DENIED FAPE for the ENTIRE School Year of 2022-2023. CCPS Appealed with VDOE Hearing Reviewer, Cecil Creasey, Jr. on August 13th, 2023, calling CCPS 'INDEFENSIBLE' in 'unenrolling' Eryn Little, without having provided education and 'doing nothing'...VDOEs 'response' to 'enforce' FAPE was simply, 'meet with the same IEP 'Team' who RAPED Eryn Little of his Educational RIGHTS under IDEA as a Scholar with Disabilities RESIDING in Chesterfield County. When CCPS IEP 'Teams' UNLAWFULLY Colluding with your 'Partners' at Sands Anderson Law repeatedly REFUSED to even DISCUSS Corrective Actions Repeatedly, I, Wendy Little, was advised to 'put in another State Complaint' and did so, in October, 2023. VDOE/OSEP'S response was, 'It's premature because CCPS has up to a year to comply' which is PREPOSTEROUS when an ENTIRE Year of Education, Social Skills, Access to Peers and a Routine Schedule AND Independence skills were RAPED from Eryn Little. Completely STOLEN. There is NO excuse, when a full year of DENIAL of FAPE was determined TWICE by VDOE to 'give the LEA' 'up to a year'...to comply with Corrective Actions while the LEA continues to DENY FAPE.
VDOE/OSEP and Samantha Hollins, Lisa Coons and the Virginia Board of Education (VBOE) REFUSED to intervene in ANY way following the 30-day 'Voluntary Compliance Period' in opposition to it's OWN 'enforcement policy' that it shall take action, and as VDOEs long history of intentional and repeated Non-Compliance with special education regulations as indicated by OSEP/DMS, and furthermore repeated at times by the Disability Law Center of Virginia, American Academy of Pediatrics, COPAA and other organizations IN SUPPORT of Disabled Children's RIGHTS.
We are WELL into 1.5 YEARS after that determination, 7-17-2023, AND VDOE has NOT done ONE thing of which the Parent is aware, to even ATTEMPT to PROVIDE FAPE as is required under MULTIPLE U.S. and Federal Laws. Within THIS very FORUM, the Attorney General TELLS VDOE once AGAIN, (not unlike USEd and DMS/OSEP) of your OBLIGATIONS and DUTY. (See Letter 8-2024 in this Town Hall Thread)
This Long-Term Intentional Oppressive Discrimination upon Disabled Scholar who RESIDES in Chesterfield County Virginia is INEXCUSEABLE and in VDOE's OWN terms, INDEFENSIBLE constitutes Intentional Educational NEGLECT upon an innocent CHILD.
VDOE and VBOE CONTINUE to be Non-Compliant with NO LESS THAN:
34 C.F.R. 300.600 (e)
34 C.F.R. 300.149
34 C.R.R. 300.227
and 20 U.S.C. 1414 (g) & (h)
:And every other US Constitutional Right of Both Eryn Little and Wendy Little. You are THE CAUSE of his being Fraudulently and Malisciously Charged with Truancy BECAUSE with ALL the $$$$ VDOE gets, and ALL the HUGE Salaries of multiple VDOE employees and Bureaucrats and ALL the Millions and Grants you get. YOU DID AND STILL HAVE DONE NOTHING TO PROVIDE NOR ENSURE FAPE TO ERYN LITTLE...You have become little to nothing more than a Fraudulent Grant Scamming Organization under the GUISE of Education.
Your NAEP scores for at least the last 5 years PROVE that VDOE, being DEAD LAST, 51st! Including the District of Colombia (D.C.) especially in terms of MATH provides CLEAR evidence ALSO, that the VDOE puts misuse of grants (taxpayer funding) to be USED FOR Children in all kinds of endless circles of Democrat support, endless Administrators and bureaucratic layers of Education, and ideations such as DEI/SEL/CRT, RATHER than to the Teachers and Children who ARE what Education IS supposed to be about!
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This effort should NOT be fast-tracked. Because if YOUR child, like mine, was 'chosen' to be a victim of Sands Anderson Law's Discriminatory Disability OPRESSION, you know that when they ILLEGALLY write and dictate everything about an innocent child by the direction of Sam Hollins, VCASE, CASE, CEC, CSEA, etc. and all of those other 'grant malfeasance programs' and Special Education administrators and, just in general how Democrats have been acting in recent years, Parental Input is minimized, words and meanings get twisted to blame the child and/or Parent for the Atrocious Actions of those who are to PROVIDE EDUCATION, the LEA and the SEA.
Parental Input AND MD (Doctor, not PhD doctors of Education, but Children's DOCTORS) Health Plans, other input, like letters, must be IN the IEP VERBATIM. And Parents and Guardians MUST have EQUAL and INSTANTANEOUS Access to THEIR Children's Records EQUAL to the SAME access as any School Staff.
Wendy Little
(Eryn's Mom)
804-909-3639
Special Education staff and administrators (why are they directing IEP meetings illegally?) often omit or twist meanings, or generalize my input in our IEP Meetings to make it easy to deny every need. Parents (and children) should be encouraged to put their concerns IN writing and the school divisions MUST put those concerns word-for-word into IEPs.
This Fast Track appears to continue to give our School Division 'free license' to refuse to put my actual concerns and that of my adult-disabled daughter into her IEPs to ensure proper consideration. The IEP Team often just blows off what they don't want to provide or make available, even the smallest of needs at times. If I write concerns, or my daughter does, in the way that she is capable, I want all of them, IN the IEP documents, not just summarized to the preference of the school divisions wants or desires.
The VDOE has become SO non-compliant for special education students over so many years, there is simply NO excuse for it. None. One trick my school division does is to minimize IEP input and purposely make me feel like I don't have a voice at all, cutting me off, talking over me, saying 'we disagree' and I don't understand why there is any reason that IEP meetings should be such hostile and inflammatory experiences. The LEA already 'claims' it puts 'parent input' in the IEPs but only what they want to include, so they can deny everything they want on their own whims and not even answer to anything.
My son is 6, has autism and is incontinent but comes home day after day in soiled diapers, rotten, old soiled diapers but school staff doesn't 'recognize this' because 'we don't see it at at school'...Both Parent input AND Dr. input MUST be not only included, but not minimized to the point that concerns get blown off. The ONLY things they want to provide is anything that costs zero. Doctor Letters, Health Plans, Safety Plans and CLEAR and CORRECT Parent Input MUST be included in and WITH every IEP. I've heard, 'we can include it, but not WITH it...so if any OTHER school requests documents, the extra supports needed are not communicated with other schools. Thanks for addressing this. It must be clear and done correctly for the well-being of the children.
The entire US knows that Virginia Special Education Dispute Resolution is very tainted and corrupt. There are always references to 'independent' hearing officers for Due Process. When the school divisions pay them, of course, they are incentivized to side with the school district. The figures accumulated by the Chaplick case are exceptionally clear. When are you all going to voluntarily get the corruption out of the VDOE and school divisions? Special Education students are in many cases nothing but Cash Cows for white collar crimes. How come in all these years nobody has held Samantha Hollins accountable?
"8VAC20- 80-10 N/A The section contains a list of definitions, which currently does not include “short term. A definition for “short term objectives” was added to the section. The intent of this change is to clarify terminology used throughout the chapter. The rationale behind the regulatory change is to conform with changes in Virginia Law, specifically Chapter 502, enactment clause 8. The likely impact of the new definition is that “short term objectives” as used throughout the chapter will now have a clear meaning."
My input is that perhaps to reduce or eliminate confusion, short-term usually refers to something like benchmarks. Longer term may refer to objectives. Truly Long-term, Annual, or by end of a year, may be goals. Not clearly defining time frames by more publicly accepted terminologies may create, not reduce clarity and confusion.
Our school chronically twists words when it comes to my parental input on IEPs. This results in my daughter NOT receiving necessary services, and they refuse to include legitimate health information within IEP documents just so they can deny them. How does a school keep getting away with refusing to provide any care at all by a school nurse for an incontinent child? This is child abuse, and they won't budge. I see lots of people on various social media platforms making the exact same types of complaints about children past potty-training 'typical' age, that due to their disabilities remain incontinent and unable or incapable of caring for their toileting ADLs. Lots and Lots of people, all over the State! How do they get away with this? Letting incontinent kids 'in loco parentis' not have access to proper hygiene care? This is sick. Do better.
"8VAC20- 80-110 N/A Describes requirements for Individualized Education Programs (IEP) The changes reflect the requirements of Chapter 502, which requires parent and student input as required content in an IEP for all relevant students." - The middle school always claims they are 'considering' parent input, but they never seem to request or discuss my students' input. They tend to very much downplay or generalize input to make up reasons to deny supports and services. I feel that the language could use some more detail as to how accurate parent and student input should be included. Really tired of IEP meetings and getting ignored and/or bullied by school staff. There is no excuse for this.
What I see time and time again are 'generic' words causing the loss of real meaning and effectiveness of the IEP process in my experience. VDOE has been SO far out of so much compliance for so long, when is someone going to actually do something for the kids left out? The language needs tighter, more accountable meaning FOR the kids VDOE is supposed to protect.