[REPEALED] Regulations Governing Special Education Programs for Children With Disabilities in Virginia
[8 VAC 20 ‑ 80]
Back to View Stage
I have reviewed the proposed regulation on a preliminary basis. While I reserve the right to take action under the Administrative Process Act during the final adoption period, I approve the advancement of this regulation to the next stage for the purpose of soliciting public comment. However, I would like to express some concerns that I have – concerns that parents across the Commonwealth have shared with me.
Virginia has long been a leader in the area of parental consent and involvement in the special education process. I have concerns about proposals in this regulation that reduce parental involvement in key decisions made about their children. These include, but are not limited to:
- Elimination of parental consent prior to partial or complete termination of or changes to special education and related services.
- Elimination of parental consent before providing special education services for transfer students.
- Removal of parents from the Functional Behavioral Assessment team.
- Addition of an option for the Local Education Agency to refuse a parent’s request for an Individualized Education Plan meeting if the LEA considers the request unreasonable.
- Reduction in the number of regular progress reports given to parents on their child’s Individualized Education plan.
I do not currently see any circumstance under which I would approve a final regulation reducing parental involvement in these ways.
I urge the Board of Education to take this and other public comments into account regarding these provisions and to act accordingly prior to submitting a final regulation for my approval.