As the parent of a student with a disability receiving education services in Virginia, I am writing to express my opinion regarding the proposed changes to the Regulations Governing Special Education Programs for Children with Disabilities in Virginia.
I believe that certain changes will have a negative impact on the education of students with disabilities and I strongly express my opposition to the following:
Accountability for IEP Goals
Oppose the elimination of the provision in current regulation that states each LEA “must make a good faith effort to assist the child to achieve the goals, including benchmarks or objectives, listed in the IEP.” LEAs should actively work toward achieving the growth projected in a child’s annual IEP goals. If there is no requirement for schools to demonstrate some accountability for IEP goals, then the IEP is meaningless as a measure of success in providing a child with a disability a free and appropriate education.
Changes to the age limits for the developmental delay categorical label
Opposelimiting the developmental delay category to the ages of 3 to 6 and recommend the IDEA 2004 definition of developmental delay from the ages of 3 to 9. Some children under the age of 8 years old have disabilities that cannot be determined accurately because of their young age. Allowing them to be found eligible under the more general category of ‘developmental delay’ avoids inaccurate labeling and potentially, therefore, inappropriate or unnecessary services.
Eligibility Criteria
Opposeincluding any eligibility criteria for disability categories in the regulations that exceed those specifically defined in the federal regulations. Such overreaching provisions may work to the disadvantage of children who would otherwise qualify for services as a child with a disability.
