Special education changes irk group
By Annie McCallum
amccallum@newsadvance.com
Monday, January 14, 2008


Significant changes proposed in the how the state works with special education students has sparked concern among an advocacy group that says the plans will scale back parents’ rights.

The Virginia Coalition for Students with Disabilities started sponsoring advocacy meetings around the state Thursday to let participants know what’s at stake before public hearings on the changes begin in the spring.

“These regulations and your action on these regulations is going to make a difference for students with disabilities in Virginia,” said Cherie Takemoto, Parent Educational Advocacy Training Center executive director, at an advocacy meeting Thursday in Falls Church. “We are concerned.”

The coalition has planned nine advocacy meetings across the state, each presented by area organizations. The first two were held in Loudoun County and Falls Church on Thursday. Several are planned in or nearby Central Virginia.

The 315-page draft of the proposed regulations includes everything from minor wording changes to drastic policy revisions. The proposed change with the most opposition would remove parental consent to terminate special education services.

“I think there’s consensus on this,” said Justine Maloney, who represented the Learning Disabilities Association of Virginia and joined Takemoto as a co-presenter at the meeting. “It’s a very important issue - services for kids.”

New regulations also would end the use of the “developmentally delayed” label after the age of 5. Opponents said labeling a student with a specific disability at a young age could increase the chance of incorrectly identifying a disability.

Also a source of contention is a student’s eligibility timeframe. While federal guidelines establish a timeframe of 60 calendar days, Virginia regulations would set it at 65 business days.

This means schools could take up to three to five weeks longer to evaluate a child for service eligibility.

Another proposed change includes moving the administration of the special education hearing officer system from the jurisdiction of the Virginia Supreme Court to the state education department.

Concerned parents questioned if they could get a fair hearing from someone who is a part of the education department. Takemoto and Maloney said any revisions still should be specific enough for a reasonable person to interpret and tell if rights have been violated.

“The key is if you don’t have the regulations, you don’t have the rights,” Maloney said.

At the advocacy meetings, participants have the opportunity to learn about the proposed changes and how to make an effective public comment.

In Falls Church on Thursday, the meeting was also an opportunity for parents to empathize with one another about shared concerns.

“You shouldn’t have to know all this stuff to exercise your rights,” Takemoto said.

• What’s happening and why?
The Virginia Department of Education is in the process of revising the state’s special education regulations as a result of the 2004 reauthorization and revision of the federal Individuals with Disabilities Act (IDEA).
In September, the state Board of Education approved a draft of the proposed changes.
Some changes were made to conform with changes to IDEA, but others changes were made at the state level to address anything from repetitive provisions to greater flexibility for school systems.
• What’s next?
State officials estimate public hearings will begin in the spring, likely in March or April. There will be eight hearing sites throughout the state where parents can offer opinions.
Even though public hearings are months away, comments can be submitted now.
• When would proposed changes go into effect?
Not until at least December 2008, officials said. While a proposed draft has been approved, public hearings must still be held. The draft also needs to be approved by many levels of state government, including the governor, secretary of education and attorney general.
• Where can I learn more?
Log onto www.doe.virginia.gov/VDOE/dueproc/regu

http://www.newsadvance.com/servlet/Satellite?pagename=LNA%2FMGArticle%2FLNA_BasicArticle&c=MGArticle&cid=1173354201208&path=!news!archive