My name is Harry L. Gewanter and I am a pediatrician who specializes in the care of children with disabilities, especially the pediatric rheumatic diseases, who is also the father of three children who have had IEPs during their public school careers.  I have commented on the various versions of the Special Education Regulations at each step in the process and while this revision is an improvement over the past versions, these regulations can still be significantly improved.

    I fully endorse the recommendations and comments of the Virginia Coalition for Students with Disabilities which I have attached to this email.  I would like to emphasize a number of points raised the Coalition.

    *    The definitions of Autism, Developmental Delay, Intellectual Disability, Level I Services, Other Health Impaired, Specific Learning Disability and Supplemental Aids and Services in the current revision should be altered in concert with the Coalition's recommendations.  I especially urge that the expanded definition of Developmental Delay be included within the final version of these regulations.

    *    I am very concerned with the recommended changes in the Child Find and Evaluation and Reevaluation and Eligibility requirements.  It is already difficult for many parents to gain entree for evaluations if their child is struggling and the current revision makes this path even harder.

    *    As a veteran of many IEP's as a parent and a professional, I can attest to the incredible stress and hardship felt by many parents going through this process.  Not only are they in "alien territory" as one parent described it to me, but they are not aware of all of the potential options available for their child.  The Coalition's comments on the need for increased transparency, availability of information, inclusion, participation and accountability within the process are extraordinarily important and should be taken to heart.

    *    The Mediation and Due Process Hearing sections require further revision.  These expensive, stressful and time-consuming methods of resolving differences need to be improved in a manner that levels the playing field and does not result in excessive cost to the child.

    I fully appreciate all the work by the many individuals who have worked so hard to develop these regulations, but at the same time believe the children of Virginia deserve more access to appropriate services and fewer barriers to the implementation of the services to which they are legally entitled.  Further, the families of these children need to feel included in the process and this can only be achieved through improving the culture surrounding the provision of special educational services.  This version of the regulations does not achieve these goals and should be improved further before final adoption.

    Thank you for your consideration.  If you have any questions or would like to discuss any of my points further, please feel free to contact me at any time.


Harry L. Gewanter, MD, FAAP, FACR
8116 Buford Oaks Drive
Richmond, VA 23235-4683
804-323-4082
hlgewanter@aap.net