Virginia Regulatory Town Hall
Agency
Department of Education
 
Board
State Board of Education
 
chapter
Regulations Governing Special Education Programs for Children With Disabilities in Virginia [8 VAC 20 ‑ 80]
Action Revisions to comply with the “Individuals with Disabilities Education Improvement Act of 2004” and its federal implementing regulations.
Stage Proposed
Comment Period Ended on 6/30/2008
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6/30/08  3:56 pm
Commenter: Lisa Fisher, parent

Unnecessarily Long Timelines for Evaluations and Eligibility Decisions
 

I support the following statement:

Proposed Virginia regulation 8 VAC 20-81-60 entitled "Referral for initial evaluation" in subsection (B)(1)(g) states that the school district shall "Ensure that all evaluations are completed and that decisions about eligibility are made within 65 business days after the parent has provided written consent to the evaluation process."

The proposed regulations give school districts 65 business days to complete special education evaluations, instead of the 60 calendar days set forth in IDEA.

Does this proposed regulation benefit children with disabilities and their families? No.

IDEA 2004 expanded the educational issues that must be evaluated and set out a timeframe within which these evaluations must be completed. After the parent provides consent, the school must complete the initial evaluation and determine if the child is eligible for special education services within 60 calendar days. (Section 1414(a)(1))

Virginia proposes a 65 business day timeline which calculates to three months. A 65 business day timeline will cause unnecessary delays in conducting evaluations and delays before children with disabilities receive the special education services they require. This proposal is not intended to benefit children with disabilities and will harm children.

Virginia also proposes that this 65 business day timeline could be extended further if there is a "need" to collect additional "data."

Conclusion: These proposed regulations do not benefit children with disabilities and their parents. The proposed regulations will damage children because of unnecessary delays before they receive the services they need.
CommentID: 1731