Wrightslaw l No Child Left Behind l IDEA 2004 l Fetaweb l Yellow Pages for Kids l Harbor House Law Press
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Wrightslaw l No Child Left Behind l IDEA 2004 l Fetaweb l Yellow Pages for Kids l Harbor House Law Press |
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Virginia Special Education Regulations Proposed Regulations l Governor's Review l Revision Process
Virginia Department of Education (VDOE) published their new proposed Special Education Regulations (8VAC20-80/81) in The Virginia Register of Regulations (Volume 24, Issue 17) on April 28, 2008. A Superintendent’s Memorandum was issued on April 25, 2008. Publication will initiate the 60-day public comment period, which will last from April 28, 2008 through June 30, 2008. During that time period, the Virginia Department of Education will accept written public comments regarding the proposed revisions, and nine public hearings will be convened. Information about the public hearings and submitting written comment appears below. During regulatory review process, Governor Kaine reviewed the proposed changes to the current special education regulations and expressed his concerns to the Virginia Board of Education. After the proposed regulations are published and the 60 day period of public comment ends, VDOE may or may not make changes. VDOE proposes to eliminate parental consent in some cases, and further erode parental rights. Other proposed changes will affect procedural safeguards, eligibility criteria, definition of developmental disabilities, and accountability. This is a time when it's important for parents and other stakeholders to get involved and make their desires known. It is often very difficult to get people to become involved in this process. Many people feel it will not matter to them. Others fear it will take more time from their busy lives. If adopted, these changes could be a major loss, decreasing the school-family partnership intended by IDEA. Regulations Governing Special Education for Children with Disabilities in Virginia Proposed Regulations (8VAC20-80/81) published in 2 column format by the Virginia Register of Regulations (Volume 24, Issue 17) April 28, 2008. word format l pdf format Copies of these regulations, including Braille copies, audio tapes, and large print versions are available at no cost from the Virginia Department of Education. Please forward your request to the Virginia Department of Education, P. O. Box 2120, Richmond, Virginia 23218-2120, or by calling 1-800-229-3820. TDD toll free phone: 1-800-422-1098. Side by Side Comparison of current VA Regulations and proposed VA Regulations. Additional Information Comparison of State Timelines for an Initial Evaluation Under the IDEA. The VA timeline ranks as one of the longest. The timeline in the proposed regulations would start at parental consent, NOT from the date of referral. See Side by Side Comparison of current and proposed regulations.
"Ask the Governor" March 27, 2008 WRVA’s “Ask the Governor” - Governor Kaine will be the guest on the monthly program on WRVA and the Virginia News Network.
Check for the "Ask the Governor" program on http://www.wrva.com/pages/program.html March 25, 2008 WTOP’s “Ask the Governor” - Governor Timothy Kaine will again be a guest on the monthly call-in program on WTOP.
Link to fill out your question: http://www.wtopnews.com/index.php?sid=611201&nid=524 Download program: http://icestream.bonnint.net/dc/wtop/ask_the/032508_kaine.mp3 February 26, 2008 Governor Kaine's statements about the proposed regs on WTOP's (metro DC) program "Ask the Governor", Tuesday, Feb. 26th, 2008. This MP3 file contains the entire program (1 hour). The portion on the VA Special Education Regulations is from minute 15:30 - 18:30. On the program Kaine said the following:
VDOE webpage about The Revision Process. This page will be updated periodically to provide critical information as the revision process moves forward. The resource documents on the revision page should be updated on a regular basis, especially the Timeline and Checklist. Once scheduled, the site will also provide information about where the public hearings will be held. You can also access the revision website by going through VDOE's Division of Special Education and Student Services webpage.
Another way is to enter "revision of Virginia special education" in the Google search box on your internet browser. VDOE Revision Process page usually will be listed first in the search results. The first round of public comment known as the Notice of Intended Regulatory Action (NOIRA) is the initial step in the regulatory process which includes a 30 day comment period on what the public wants in the Regulations. After publication of the new proposed Special Education Regulations in The Virginia Register of Regulations on April 28, 2008, the dates of the official public comment period will be from April 28, 2008 through June 30, 2008. During that time period, the Virginia Department of Education will accept written public comments regarding the proposed revisions, and nine public hearings will be convened. VDOE is accepting and processing public comments now.
Points of Contact
or tkaine@governor.virginia.gov Governor Kaine will take questions from the public in a series of statewide town hall meetings beginning on Monday, March 10 through the reconvened session, to discuss the budget and legislation passed during the 2008 General Assembly Session. No sign-in is required to attend or ask questions. All town hall meetings are open to the public and media. Schedule of town hall meetings Written comments regarding the revision of the Virginia Regulations may be submitted to VA Department of Education via one the methods outlined below.
Special Education Regulations Revision Process
Office of Dispute Resolution and Administrative Services Virginia Department of Education P.O. Box 2120 Richmond, Virginia 23218-2120 Names and addresses of the VA Board of Education members. Hearing Dates and Locations - VDOE flyer (pdf) May 12, 2008 May 13, 2008 May 14, 2008 May 15, 2008 (additional hearing date & location) May 27, 2008 May 28, 2008 June 2, 2008 June 3, 2008 June 4, 2008 1. The Board of Education is pleased to receive public comment regarding the draft regulations. Individuals seeking to speak to the Board will be allotted three (3) minutes each unless the number of speakers requires the Chair to reallocate the time available to ensure that as many individuals as possible may speak. 2. Registration for individuals seeking to provide oral public comment will begin at 6:00 p.m. (new time) on the night of the hearing. 3. In order to make the limited time available most effective, speakers are urged to provide written copies of their comments. 4. Interpreters for the deaf will be provided. Anyone can testify at these hearings. Tips: Giving Testimony at the Hearings from JustChildren
Those wishing to provide written comments may either submit them during a public hearing or submit them to VDOE. JustChildren - Speak Up to Protect Parent Involvement. Platform on the proposed changes to VA Special Education Regulations. Side-by-side review of the draft regulations. The Arc of Virginia - Comments April 30, 2008. How to Write a Public Comment. Take Action! Find out what you can do to help - from the Arc of Virginia. Speak Up to Protect Family Involvement and Help Students with Disabilities Succeed!
If your child has AD/HD and attends a public school in Virginia, your right as a parent to have a say in his or her success in school may be in danger. We need you to act now. CHADD opposes these recommendations, as do many other parent and disability groups. Virginia's Governor Tim Kaine has also voiced opposition to the proposals. Send Comments in Writing Opposing the Changes. What Do I Say? A draft set of comments is available by clicking here. The Executive Board of the Fairfax County Council of PTAs (FCCPTA) public comments to VDOE on the proposed regulations (February 04, 2008). Side by side comparison with FCCPTA Comments The Virginia Coalition of Students with Disabilities is disappointed with the proposed revisions to the Regulations Governing Special Education Services for Students with Disabilities in Virginia. The initial assessment of the proposed revisions reveals that few of the changes would provide benefit to students with disabilities or their families. In fact, the proposed revisions significantly reduce critical protections and rights of many students.(September 26, 2007) The Virginia Coalition of Students with Disabilities submitted public comment in response to the NOIRA for the Regulations Governing Special Education Programs for Children with Disabilities in Virginia. (02/23/07) Coalition Platform on the Draft Special Education Regulations
Proposal Limits Progress Reports. The most controversial proposal would give schools more leeway to suspend certain special services for students, such as speech or occupational health therapy. Washington Post (May 9, 2008) word l pdf Proposed Special-ed Changes Opposed. Some fear a plan to revise state regulations would reduce input from parents. Richmond Times Dispatch (May 5, 2008) word l pdf
Proposed Changes Anger Parents Virginia Spotlight with Peggy Fox on WUSA9.com (April 22, 2008) Parents of Special Ed Children Oppose Changing the Consent Rule by Ian Shapira. Washington Post (April 22, 2008) Download article (pdf) Changing the Rules of Special Education in Virginia by Emily Suski. (Special to the Herald Courier, March 2, 2008) Download article (pdf) Stop Virginia's Proposed Erosion of Parental Rights J. Todd Foster, managing editor of the Bristol Herald Courier, wrote this editorial (02/10/08). Read about his young son, Tyler, and how his parents fought for the services he needed. And now...
Bristol Herald Courier/www.tricities.com l download editorial (pdf) How Can You Make a Difference? Input from families, students, service providers will be critical in ensuring that the draft regulations are not adopted as they are currently written. The Board of Education needs to hear that families and students need these rights to be maintained. Attend a workshop about the draft regulations (check with PEATC 1-800-869-6782 for locations). Call Governor Kaine (804-786-2211) and ask that he support parent involvement for students with disabilities by urging the Board of Education to listen to the concerns of parents and students. Participate in local advocacy meetings. Attend a hearing scheduled in your area and voice your opinion. (See hearing schedule and meeting guidelines)
created 03/14/08
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Comment Period In Progress! 
Preliminary Review:
Virginia Regulatory Town Hall
The proposed changes are being considered by Governor Tim Kaine. To comment on them, email Governor Kaine at 
Parents Want To Retain Involvement In Special-Needs Education
More Power for Schools, Less for Parents
