Public Comment on Virginia Department of Education’s

Proposed Special Education Regulations

April 12 2008 – June 30, 2008

James B. Bauman

9613 Riddle Rd

Chesterfield, VA 23832

Mr. Chairman:

I would like to make public comment on issues that not only affect me and my family, but thousands of other Virginia families whose family members live with Disabilities:  that is the proposed VDOE Special Education Regulations.

I am a grand father with two grand daughters with special needs.  One has Epilepsy (age 13) and one has Dyslexia (age 10).  My daughter is a single mother (recently divorced) and struggling to work and raised two children with special needs.  I am and have always been very much a part of my grand children’s lives. I advocate for them in school as both have Individual Education Plans (IEP’s – I attend IEP meetings teacher conferences etc.) I have medical Power of Attorney as they spend a significant amount of time with us and we help our family with doctor visits, social activities, sports, recreation, vacations etc.

As you know the Virginia Department of Education is proposing a major overhaul of the Regulations governing Special Education, much of which is positive.  However there are several specific changes that go against the fabric of Virginia Families, Family Values, State Values and the concept of Families, Schools Systems, and State Agencies working together as a team in educating our children with Disabilities for the mutual benefit of all; so that the children may have an equal and fair chance of becoming educated, productive, and economically self-sufficient members of our Virginia society.

I specifically OPPOSE the Virginia Department of Education’s (VDOE)  proposal to Terminate Special Education Services for a child Without Parental Consent.  Currently the regulations support Parental Consent and HB 808 is recommending to Codify this vital involvement of Parents in this process.  This also seems to be in conflict with the Governors’ motto of “Virginia Leading the Way”.  Current Regulations state ”Special education services will be terminated if the team determines that the child is no longer a child with a disability who needs Special Education and related services and if parental consent is secured” (Italics Added).       Proposed Regulations state “Prior to any partial or complete termination of special education and related services, the local education agency shall comply with the prior written notice requirements of 8 VAC 20-81-170 C., but parental consent is not required.” (italics Added).   This is a major step backward – to eliminate parents from the most critical and important part of their children’s lives as not meaningful, important or necessary is in my opinion the wrong public policy, regulation or law and only leads to destroy the need for families, states and schools to work together.  This issue is bigger than any one family, state or school.

IDEA Individuals with Disabilities Education Act 2004 (Federal Regulations) requires parental consent to conduct evaluation testing to determine if a child has a disability and qualifies to receive special education.  Furthermore it requires parental consent to implement the special education plan.  As it should.  Virginia has for many years encouraged parental participation and relied upon school-parent partnerships to improve the success of students with disabilities. 

I would like to offer 2 solutions:

First would be; if the child can pass the same objective evaluation tests used to determine eligibility for a disability and special education services in the first place and pass the state’s standards of learning (SOL) tests for the grade and age equivalent in all subjects then termination of special education services could be merited.

Secondly, Due process hearings are always an option to resolve disputes between parties (schools, state agencies, parents etc.).  However due process hearings are time consuming, expensive, distractive, burdensome and generally create permanent barriers for the parties to work together in the future.  This option should always be an option of last resort.  However, if the VDOE and school systems feel that they absolutely need to terminate a child’s special education services against the will of the parents, then they should file a due process hearing to settle the issue through an impartial and objective hearing process.  This way the child can remain in Special Education and receive services until a hearing officer decides the case.  If the hearing officer decides that the child should CONTINUE in special education, at least the child would NOT have been Harmed.  If the hearing officer decides that the child’s special education and services should be TERMINATED then terminate them.  At least the regulations would err in favor of the child.

Another proposed regulation that I specifically OPPOSE is VDOE’s elimination of impartial hearing officers appointed by the Supreme Court of Virginia in due process hearings.  Instead the hearing system and process will be entirely controlled by VDOE; who will hire, train and appoint hearing officers for all due process hearings.  This obviously eliminates any objectivity and impartially afforded families of children with disabilities.  Virtually nowhere else in our society are families denied impartial due process for any reason.  We should not start with the education of our most needy children.  In my opinion it is not wise or appropriate to give one party total control and domination over such a far reaching and vitally important mission (that of special education) with no impartially or accountability.  

Therefore I implore  my legislators and the Governor to reject these parts of the proposed regulations and keep the regulations as they now stand.  I also request the VDOE to reconsider these areas of the proposed regulations and leave them as they now stand.

Thank you

James Bauman