New Special Education Regulation Could Reduce Parental Participation
Thursday, April 24, 2008
By: Carin Yavorcik

Hearings on Virginia proposal will be held through June

The Virginia Department of Education is proposing a new regulation that would eliminate a requirement for parental consent before changes are made to special education services. “If a parent objects the service would be maintained until the matter is settled through dispute resolution," states the Washington Post’s coverage of the issue.

A spokesman for the department told the Post that the revisions were an attempt to “make it more likely that those school resources are used where they are most needed.” But many parents and Virginia’s governor object to a reduction in already limited involvement.

A series of hearings for public comment will be held throughout the state beginning May 12 and continuing through June. To see a list of hearings or read more about the proposed regulations, visit the Virginia Department of Education Web site. Or, for further information, visit Wrightslaw.

March 21, 2008
Memorandum

To: Members of Virginia State Board of Education

From: Governor Timothy M. Kaine

Subject: Regulations Governing Special Education Programs for Children with Disabilities

I have reviewed the proposed regulation on a preliminary basis. While I reserve the right to take action under the Administrative Process Act during the final adoption period, I approve the advancement of this regulation to the next stage for the purpose of soliciting public comment. however, I would like to express some concerns that I have — concerns that parents across the Commonwealth have shared with me.

Virginia has long been a leader in the area of parental consent and involvement in the special education process. I have concerns about proposals in this regulation that reduce parental involvement in key decisions made about their children. These include, but are not limited to:

1. Elimination of parental consent prior to partial or complete termination of or changes to special education and related services.

2. Elimination of parental consent before providing special education services for transfer students.

3. Removal of parents from the Functional Behavioral Assessment team.

4. Addition of an option for the Local Education Agency to refuse a parent’s request for an Individualized Education Plan meeting if the LEA considers the request unreasonable.

5. Reduction in the number of regular progress reports given to parents on their child’s Individualized Education Plan.

I do not currently see any circumstances under which I would approve a final regulation reducing parental involvement in these ways.

I urge the Board of Education to take this and other public comments into account regarding these provisions and to act accordingly prior to submitting a final regulation for my approval.

Timothy M. Kaine, Governor
Commonwealth of Virginia
Office of the Governor
Patrick Henry Building
1111 East Broad Street
Richmond, Virginia 23219
(804) 786-2211
TTY (800) 828-1120
www.governor.virginia.gov