Please process this letter as my comment and position on
certain proposed changes to the regulations, definitions and eligibility criteria from those effective March 27, 2002. I am writing to you as a resident and domiciliary of Virginia, and I have a personal interest in the regulations because [insert reason such as parent., advocate, teacher, etc.]. I am commenting specifically on proposed changes
8 VAC 20-81-90 B.3,  8 VAC 20-81-80 L., 8 VAC 20-81-80 N., and 8 VAC 20-81-320 B.2.b.10. I am also commenting of the removal of short-term goals. My comments and position are as follows:

I specifically absolutely object to the following change which removes the parent's right to prevent the LEA from unilaterally removing a child's special education either partially or fully and permits this removal to occur without parent consent which is the following proposed change:

8 VAC 20-81-90 B.3. Prior to any partial or complete termination of special education and related services, the local educational agency shall comply with the prior written notice requirements of 8 VAC 20-81-170 C., but parental consent is not required.

Reason: Termination of services is in essence revoking a student’s determination of eligibility. 20 U.S.C. § 1414 (c)(5)(A) states that “a local education agency shall evaluate a child with a disability in accordance with this section before determining that the child is no longer a child with a disability.” 20 U.S.C. § 1414(b)(4)(A) specifically states “the determination of whether the child is a child with a disability … and the educational needs of the child shall be made by a team of qualified professional and the parent of the child.” To revoke a student’s eligibility without parental consent in essence revokes that parent’s right to be a part of the eligibility process.

I also object to the revised eligibility definition of the disability category of “Autism”.

8 VAC 20-81-80 N. 1. Any of the Pervasive Developmental Disorders, such as Autistic Disorder, Asperger's Disorder, Rhett's Disorder, Childhood Disintegrative Disorder, Pervasive Developmental Disorder – Not Otherwise Specified including Atypical Autism as indicated in diagnostic references, such as the Diagnostic and Statistical Manual of Mental Disorders (DSM), may be included under the eligibility category of autism. Students with autism demonstrate restricted repetitive and stereotyped patterns of behavior, interests, and activities such as encompassing preoccupation with one or more stereotyped and restricted patterns of interest that is abnormal either in intensity or focus, apparently inflexible adherence to specific, nonfunctional routines or rituals, stereotyped and repetitive motor mannerisms (i.e., hand or finger flapping or twisting, or complex whole-body movements), persistent preoccupation with parts of objects.

2. A minimum of six characteristics from the following communication and social interaction areas shall be present to be considered for eligibility.

a.         One or more impairments in communication, such as delay in, or  total lack of, the development of spoken language (not accompanied by an attempt to compensate through  alternative modes of communication such as gesture or mime), in individuals with adequate speech, marked impairment in the ability to initiate or sustain a conversation with others, stereotyped and repetitive use of language or idiosyncratic language, or lack of varied, spontaneous make believe play or social imitative play  appropriate to developmental level

b.         Two or more impairments in social interaction, such as marked impairment in the use of multiple nonverbal behaviors such as eye-to-eye gaze, facial expression, body postures, and gestures to regulate social interaction, failure to develop peer relationships appropriate to  developmental level, a lack of spontaneous seeking to share enjoyment, interests, or achievements with other people (i.e., by a lack of showing, bringing, or pointing out objects of interest), or lack of social or emotional reciprocity are noted. Delay (s) or abnormal functioning in social  interaction, language as used in social communication, or symbolic or imaginative play, with onset prior to age three are also evident.

Reasoning: This requires an unrealistic and unsubstantiated number of symptoms.

I also object to the proposed teacher-student ratio for children with Autism.

8 VAC 20-81-320 B.2.b.10 Autism - one teacher for every six children or one teacher and one paraprofessional for every eight children;

Reasoning: It permits too many disabled children to be supervised by staff safely and effectively.

I also oppose the proposed revisions to the eligibility definition of the disability category of "developmental delay".

8 VAC 20-81-80 N.1. The local educational agency may include developmental delay as one of the disability categories when determining whether a preschool child, aged two by September 30 to five, inclusive, is eligible under this chapter.

Reasoning: Presently this designation can be used until age 8. It is often not possible to determine a more definitive diagnosis at age 5 but is possible later.

I also object to the elimination of the requirement for schools to develop short-term goals. According to the revision, short-term goals won't be written for students unless they are in the state's alternative assessment program. I believe all SPED students benefit from short term goals.

Please process my comments and reasoning and forward them to the appropriate entities.

Sincerely

Please process this letter as my comment and position on
certain proposed changes to the regulations, definitions and eligibility criteria from those effective March 27, 2002. I am writing to you as a resident and domiciliary of Virginia, and I have a personal interest in the regulations because [insert reason such as parent., advocate, teacher, etc.]. I am commenting specifically on proposed changes
8 VAC 20-81-90 B.3,  8 VAC 20-81-80 L., 8 VAC 20-81-80 N., and 8 VAC 20-81-320 B.2.b.10. I am also commenting of the removal of short-term goals. My comments and position are as follows:

I specifically absolutely object to the following change which removes the parent's right to prevent the LEA from unilaterally removing a child's special education either partially or fully and permits this removal to occur without parent consent which is the following proposed change:

8 VAC 20-81-90 B.3. Prior to any partial or complete termination of special education and related services, the local educational agency shall comply with the prior written notice requirements of 8 VAC 20-81-170 C., but parental consent is not required.

Reason: Termination of services is in essence revoking a student’s determination of eligibility. 20 U.S.C. § 1414 (c)(5)(A) states that “a local education agency shall evaluate a child with a disability in accordance with this section before determining that the child is no longer a child with a disability.” 20 U.S.C. § 1414(b)(4)(A) specifically states “the determination of whether the child is a child with a disability … and the educational needs of the child shall be made by a team of qualified professional and the parent of the child.” To revoke a student’s eligibility without parental consent in essence revokes that parent’s right to be a part of the eligibility process.

I also object to the revised eligibility definition of the disability category of “Autism”.

8 VAC 20-81-80 N. 1. Any of the Pervasive Developmental Disorders, such as Autistic Disorder, Asperger's Disorder, Rhett's Disorder, Childhood Disintegrative Disorder, Pervasive Developmental Disorder – Not Otherwise Specified including Atypical Autism as indicated in diagnostic references, such as the Diagnostic and Statistical Manual of Mental Disorders (DSM), may be included under the eligibility category of autism. Students with autism demonstrate restricted repetitive and stereotyped patterns of behavior, interests, and activities such as encompassing preoccupation with one or more stereotyped and restricted patterns of interest that is abnormal either in intensity or focus, apparently inflexible adherence to specific, nonfunctional routines or rituals, stereotyped and repetitive motor mannerisms (i.e., hand or finger flapping or twisting, or complex whole-body movements), persistent preoccupation with parts of objects.

2. A minimum of six characteristics from the following communication and social interaction areas shall be present to be considered for eligibility.

a.         One or more impairments in communication, such as delay in, or  total lack of, the development of spoken language (not accompanied by an attempt to compensate through  alternative modes of communication such as gesture or mime), in individuals with adequate speech, marked impairment in the ability to initiate or sustain a conversation with others, stereotyped and repetitive use of language or idiosyncratic language, or lack of varied, spontaneous make believe play or social imitative play  appropriate to developmental level

b.         Two or more impairments in social interaction, such as marked impairment in the use of multiple nonverbal behaviors such as eye-to-eye gaze, facial expression, body postures, and gestures to regulate social interaction, failure to develop peer relationships appropriate to  developmental level, a lack of spontaneous seeking to share enjoyment, interests, or achievements with other people (i.e., by a lack of showing, bringing, or pointing out objects of interest), or lack of social or emotional reciprocity are noted. Delay (s) or abnormal functioning in social  interaction, language as used in social communication, or symbolic or imaginative play, with onset prior to age three are also evident.

Reasoning: This requires an unrealistic and unsubstantiated number of symptoms.

I also object to the proposed teacher-student ratio for children with Autism.

8 VAC 20-81-320 B.2.b.10 Autism - one teacher for every six children or one teacher and one paraprofessional for every eight children;

Reasoning: It permits too many disabled children to be supervised by staff safely and effectively.

I also oppose the proposed revisions to the eligibility definition of the disability category of "developmental delay".

8 VAC 20-81-80 N.1. The local educational agency may include developmental delay as one of the disability categories when determining whether a preschool child, aged two by September 30 to five, inclusive, is eligible under this chapter.

Reasoning: Presently this designation can be used until age 8. It is often not possible to determine a more definitive diagnosis at age 5 but is possible later.

I also object to the elimination of the requirement for schools to develop short-term goals. According to the revision, short-term goals won't be written for students unless they are in the state's alternative assessment program. I believe all SPED students benefit from short term goals.

Please process my comments and reasoning and forward them to the appropriate entities.

Sincerely