To maintain the balance on the IEP Team and maintain Virginia's past history of supporting parental rights in determining an appropriate education for their children, I ask that the following changes be made to the draft 8 VAC 20-81, Regulations Governing Special Education Programs for Children with Disabilities in Virginia.

On page 127 of 315, 8 VAC 20-81-90, B.2., change the wording to the
following:

B. The IEP Team shall terminate the child's eligibility for special education and related services in the following areas:

1. Termination of special education services occurs if the team determines that the child is no longer a child with a disability who needs special education and related services.

2. A related service may be terminated during an IEP meeting without determining that the child is no longer a child with a disability who is eligible for special education and related services. The IEP team making the determination shall include local educational agency personnel representing the specific related services discipline being terminated.

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., and parental consent is required and must be obtained.


And, on page 205 of 315, 8 VAC 20-81-170, E. change the wording to the
following:

E. Parental consent.

1. Required parental consent. Informed parental consent is required before:

a. Conducting an initial evaluation or reevaluation, including a functional behavioral assessment if such assessment is not a review of existing data conducted at an IEP meeting; (34 CFR § 300.300(a)(1)(i))

b. An Initial eligibility determination or any change in categorical identification;

c. Initial provision of special education and related services to a child with a disability; (34 CFR § 300.300(b)(1))

d. Any revision to the child's IEP services;

e. Accessing a child's public benefits or insurance or private insurance proceeds in accordance with subsection F. of this section; and (34 CFR § 300.154)

f. Inviting to an IEP meeting a representative of any participating agency that is likely to be responsible for providing or paying for secondary transition services. (34 CFR § 300.321(b)(3))

g. Any partial or complete termination of special education and related services.

2. Parental consent not required. Parental consent is not required before:

a. Review of existing data as part of an evaluation or a reevaluation, including a functional behavioral assessment;

b. Administration of a test or other evaluation that is administered to all children unless, before administration of that test or evaluation, consent is required of the parent(s) of all children; (34 CFR § 300.300(d)(1))

c. The screening of a student by a teacher or specialist to determine appropriate instructional strategies for curriculum implementation; (34 CFR § 300.302)

d. Administration of a test or other evaluation that is used to measure progress on the child's IEP goals;

e. A teacher's or related service provider's observations or ongoing classroom evaluations;